A/HRC/20/20 I. Introduction 1. In its resolution 15/3, the Human Rights Council requested the Special Rapporteur on the independence of judges and lawyers to carry out a global thematic study to assess the human rights education and continuing training of judges, prosecutors, public defenders, and lawyers. The present advance report on that study is based on information gathered by means of a questionnaire focusing on the structural elements of existing human rights courses and training initiatives. Such courses and training should be aimed at affecting the way that legal professionals discharge their functions by encouraging them to apply international human rights principles and standards at the domestic level. 2. In her first thematic report submitted to the Human Rights Council (A/HRC/14/26), the Special Rapporteur focused on the need for continuing human rights capacity-building for judges, prosecutors, lawyers and public defenders. The report was based on the Special Rapporteur’s assessment that an independent judiciary should be strengthened in order to promote and protect human rights as the quality of the administration of justice has a direct impact on democracy and the development of States. 3. In resolution 15/3, the Human Rights Council requested the Special Rapporteur to carry out the study from within existing resources and with the support of the Office of the United Nations High Commissioner for Human Rights (OHCHR), specifying also that he study was to include recommendations for appropriate follow-up. 4. The present report is based on data collected by means of a questionnaire and information obtained from different actors within and outside the United Nations. The aim of the questionnaire was to investigate the current situation of existing training institutions and programmes, as well as the possible causes that may have created the gap noted by the Special Rapporteur in her thematic report in order to ensure that the justice system becomes more effective in guaranteeing fundamental rights and freedoms, and fighting human rights violations and combating impunity. 5. The report was also prepared on the basis of information contained in several thematic reports submitted by the Special Rapporteur to the Human Rights Council and the General Assembly during the first years of her mandate.1 II. Analysis of replies to the questionnaire 6. The global thematic study project is based on the fundamental understanding that the effective, ongoing capacity-building of all the actors of the justice system plays a decisive role in the independence of judges, magistrates, prosecutors, lawyers and public defenders, guaranteeing respect for human rights in a democratic society. The main issues raised in the questionnaire sent to all Member States and other stakeholders, including civil society organizations, concerned, inter alia, existing training programmes; how are they conducted; how often are they offered (both initial and ongoing training); how their effectiveness is assessed; and the main obstacles to capacity-building courses. 7. The primary responsibility for ensuring human rights lies with the State, including the judicial branch. The main actors in the justice system - judges, magistrates, prosecutors, 1 4 On the need for continuous capacity-building for judges, prosecutors, lawyers and public defenders (A/HRC/14/2); combating impunity (A/65/274); the integration of a gender perspective in the administration of justice (A/HRC/17/30); and the integration of a gender perspective in the criminal justice system (A/66/289).

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents