Independence and Impartiality of the Judiciary, Jurors and Assessors and the Independence of Lawyers

A/HRC/RES/15/3No PDF available

Who created this mandate?

A Resolution of the General Assembly, under agenda item 3Promotion and protection of all human rights, civil, political, economic, social and cultural rights, including the right to development, published in 2010.

What other versions does this mandate have?

7 versions · 2009–2024

This is an older version — the most recent is A/HRC/RES/56/3

2024A/HRC/RES/56/3Independence and impartiality of the judiciary, jurors and assessors, and the independence of lawyersLatestCompare with previous version
2020A/HRC/RES/44/9Independence and impartiality of the judiciary, jurors and assessors, and the independence of lawyersCompare with previous version
2017A/HRC/RES/35/12Independence and impartiality of the judiciary, jurors and assessors, and the independence of lawyersCompare with previous version
2015A/HRC/RES/29/6Independence and impartiality of the judiciary, jurors and assessors, and the independence of lawyersCompare with previous version
2013A/HRC/RES/23/6Independence and impartiality of the judiciary, jurors and assessors, and the independence of lawyersCompare with previous version

Versions are identified automatically by matching titles within the same organ (~97% accuracy on a manual audit).

What subjects does this mandate have?

16 topics

Administration of Justice Advisory Services Anti-Discrimination Measures Fact-Finding Missions Human Rights Education International Humanitarian Law Intimidation Judges Judicial Independence Law Enforcement Laws and Regulations Lawyers Rule of Law Special Rapporteurs State Responsibility Technical Cooperation

What does this mandate say?

15 operative paragraphs

Encourages States to take into consideration principles and individual and institutional parameters for effectively guaranteeing the independence of the judiciary and the free and independent functioning of lawyers and the legal profession, as contained in previous reports submitted by the Special Rapporteur on the independence of judges and lawyers to the Council and the General Assembly;

Takes note with appreciation of the latest report of the Special Rapporteur on, inter alia, continuing education and training in international human rights as a crucial factor for the independence of judges and lawyers and for the objectivity and impartiality of prosecutors and their ability to perform their functions accordingly, and invites all Governments and competent national entities, such as bar associations, associations of magistrates and universities, to consider seriously the conclusions and recommendations made therein;

Requests the Special Rapporteur to carry out, within existing resources and with the support of the Office of the United Nations High Commissioner for Human Rights, a global thematic study to assess the human rights education and continuing training of judges, prosecutors, public defenders and lawyers, with recommendations for appropriate follow-up, and to present it to the Council at its twentieth session;

Also requests the Special Rapporteur to explore the need for, and where appropriate, elaborate on, additional individual and institutional parameters to ensure and strengthen the objectivity and impartiality of prosecutors and prosecutorial services and their ability to perform their functions accordingly in protecting human rights and promoting the fair administration of justice;

Encourages States to promote diversity in the composition of the members of the judiciary and to ensure that the requirements for joining the judiciary and the selection process thereof are non-discriminatory;

Also encourages States and invites competent national entities, such as bar associations, associations of magistrates and universities, to consider promoting the education and training of judges, prosecutors, public defenders and lawyers, and to ensure that the latter are informed as appropriate, on a regular basis, of new developments in international human rights law;

Calls upon all Governments to respect and uphold the independence of judges and lawyers and the objectivity and impartiality of prosecutors, and their ability to perform their functions accordingly, and, to those ends, take effective legislative, law enforcement and other appropriate measures that will enable them to carry out their professional duties without harassment or intimidation of any kind;

Calls upon States to protect judges, lawyers and prosecutors and their families against physical violence, threats, retaliation and harassment as a result of discharging their functions;

Urges all Governments to cooperate with and assist the Special Rapporteur in the performance of her tasks, to provide all information and to respond to communications transmitted to them by the Special Rapporteur without undue delay;

Invites the Special Rapporteur to collaborate with relevant stakeholders within the United Nations system in the areas pertaining to her mandate, including, where appropriate, the recently established Rule of Law Coordination and Resource Group;

Calls upon Governments to give serious consideration to responding favourably to the requests of the Special Rapporteur to visit their countries, and urges States to enter into a constructive dialogue with the Special Rapporteur with respect to the follow-up to and implementation of her recommendations to enable her to fulfil her mandate even more effectively;

Encourages the Special Rapporteur to continue to make concrete recommendations with regard to the protection and enhancement of the independence of judges, lawyers and court officials, as well as to the objectivity and impartiality of prosecutors and their ability to perform their functions, including through the provision of advisory services or technical assistance, in consultation with the Office of the High Commissioner, when they are requested by the State concerned;

Also encourages the Special Rapporteur to facilitate the provision of technical assistance, including through engagement with other relevant stakeholders;

Encourages Governments that face difficulties in guaranteeing the independence of judges and lawyers, the objectivity and impartiality of prosecutors and their ability to perform their functions accordingly, or that are determined to take measures to implement these principles further, to consult and to consider the services of the Special Rapporteur, for instance by inviting her to their country;

Decides to continue consideration of this issue in accordance with its annual programme of work.

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Who created this mandate?

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What does this mandate say?

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