A/HRC/20/20
48.
The Special Rapporteur highlights the fact that, when international treaties are given
constitutional status, allegations that international provisions are in conflict with the
Constitution are less likely. The protection of human rights tends, therefore, to be more
effective, reducing the margin of judicial discretion in the interpretation of legal
provisions.6
49.
The independence of the judiciary is laid down by the Constitution in the majority of
participating States, followed by its further clarification in organic or ordinary laws.
GLOBAL THEMATIC STUDY
HUMAN RIGHTS EDUCATION AND CONTINUING TRAINING OF LEGAL PROFESSIONALS
Participating countries - Legal provision establishing the independence of the Judiciary
87,9%
90,0%
80,0%
70,0%
60,0%
50,0%
%
40,0%
30,0%
20,0%
6,1%
10,0%
3,0%
3,0%
0,0%
Yes, in the Constitution
Yes, in ordinary
legislation
Yes, in another type of No, there is neither
provision
constituional nor legal
provision
50.
The replies also indicated that, in 56.7 per cent of cases, there was no specific legal
provision regarding the implementation of decisions or recommendations of international
human rights bodies and/or regional human rights courts.
51.
With regard to the qualifications and training of judges, magistrates, prosecutors,
lawyers and public defenders, most States had the requirements for qualification as
regulated by law; 79.2 per cent for the profession of judge; 73.3 per cent for public
prosecutors; 71.8 per cent for lawyers; and 57.7 per cent for public defenders. Training is
required by law only in half of the States, and when training is on human rights, the number
of States with such a law is halved again.
C.
Human rights education and ongoing training of legal professionals
52.
In general, legal professionals start their careers after completing their law education
in law faculties or schools at universities. According to the responses concerning the
curricula of law schools, in 64.5 per cent of participating States, courses on human rights
and fundamental freedoms were mandatory; however, in only 42.1 per cent of those States
were courses on international human rights law actually compulsory. Issues of human rights
and fundamental freedoms are studied in courses on, inter alia, international and
constitutional law, political sciences, social sciences and civic education.
6
14
A/HRC/14/26, paras. 21-22.
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