A/HRC/20/20
conference was organized at which trained judges and prosecutors exchanged their
experiences and standardized judicial practices for dealing with individual cases of
domestic violence.
92.
In addition to formal justice systems, customary and religious institutions, which
make many decisions regarding women’s rights, local mediators should be involved. In
Aceh, Indonesia, an exercise highlighting the synergies and points of convergence between
the Convention on the Elimination of All Forms of Discrimination against Women and
principles of Islam and customary law proved useful.13
93.
As good practices, the Special Rapporteur highlights:
(a)
The Jurisprudence of Equality Programme of the International Association of
Women Judges, which provides judges and other legal professionals with capacity-building
on the application of international and regional human rights conventions to cases of
discrimination against women in domestic courts. 14
(b)
Sakshi, a non-governmental organization based in India that uses innovative
ways to inform judges on the realities and biases women face in courts adjudicating genderbased violence cases.
III. Conclusions
94.
In the present report, the Special Rapporteur demonstrates the need to revise
some aspects of the approach to ongoing human rights capacity-building for the actors
of the justice system, namely, judges, magistrates, prosecutors, public defenders and
lawyers. It is necessary to avoid the biased or flawed premise that these judicial actors
have already obtained the necessary knowledge that will enable them to perform their
duties in an impartial manner. At times, this premise obstructed the understanding of
the need for ongoing human rights education and professional development. In the
light of the changes in legal systems and provisions, and evolving social dynamics,
such education and professional development has proven essential.
95.
Capacity-building is an important instrument to counter prejudice against
human rights and to strengthen knowledge and adequate application at the domestic
level of regional and international human rights law.
96.
A key finding in the replies received to the survey conducted by the Special
Rapporteur was that judges and prosecutors often receive more training possibilities
at the beginning of their careers, and fewer in the form of ongoing training while
discharging their functions.
97.
In order for judges and magistrates to improve the quality of justice delivered,
any specialized training courses already taken by them should be taken into
consideration as a criterion for their promotion or transfer to higher or different
courts. Ongoing training should be implemented as an institutional measure.
98.
The data collected allowed the Special Rapporteur to conclude that judicial
academies play an important role in the capacity-building of judges, magistrates,
13
14
24
Sheila Reed for UNIFEM Regional Office, Bangkok, Thailand and UNIFEM Project Office, Aceh,
Indonesia, “Evaluation of United Nations Development Fund for Women (UNIFEM) and CIDAfunded Project (2007-2009): Strengthening Women’s Legal Rights in Aceh, Indonesia”, 2009.
See “Judicial training programmes: the Jurisprudence of Equality Programs” on the website of the
International Association of Women Judges (www.iawj.org/JEP.html).
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