UN Human Rights Council Resolutions on the Independence of the Judiciary and Lawyers

June 23rd, 2017 § 0 comments

During its session from 6-23 June 2017, the UN Human Rights Council adopted Resolutions on the independence of the judiciary and lawyers, inluding the following:

1. Calls upon all States to guarantee the independence of judges and lawyers and the objectivity and impartiality of prosecutors, as well as their ability to perform their functions accordingly, including by taking effective legislative, law enforcement and other appropriate measures that will enable them to carry out their professional functions without interference, harassment, threats or intimidation of any kind;

6. Emphasizes that the Basic Principles on the Role of Lawyers provide that lawyers shall not be identified with their clients or their clients’ causes as a result of discharging their function;

7. Emphasizes that lawyers should be enabled to discharge their functions freely, independently and without any fear of reprisal;

10. Expresses its deep concern about the significant number of attacks against lawyers and instances of arbitrary or unlawful interference with or restrictions to the free practice of their profession, and calls upon States to ensure that any attacks or interference of any sort against lawyers are promptly, thoroughly and impartially investigated and that perpetrators are held accountable;

11. Calls upon States, in collaboration with relevant national entities such as bar associations, associations of judges and prosecutors, and educational institutions, to provide adequate training, including human rights training, for judges, prosecutors and lawyers, both on initial appointment and periodically throughout their careers, taking into account regional and international human rights law and, where applicable and relevant, the concluding observations and decisions of human rights mechanisms, such as treaty bodies and regional human rights courts;

16. Calls upon States to ensure that legal provisions that are or have been adopted in relation to counter-terrorism or national security are consistent with the international obligations of the State concerning the right to a fair trial, the right to liberty, the right to an effective remedy for violations of human rights and other provisions of international law relevant to the role of judges, prosecutors and lawyers;

The full document can be download here.

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