International standards on the independence of judges, lawyers and prosecutors

Contents

1. UNIVERSAL INSTRUMENTS

a) Treaties
b) United Nations Sources
c) Other Sources

2. REGIONAL INSTRUMENTS

Africa
Americas
Asia-Pacific
Commonwealth
Europe
Middle East North Africa

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1. UNIVERSAL INSTRUMENTS

1. Treaties

• International Covenant on Civil and Political Rights (Article 14)
• Human Rights Committee, General Comment No. 32, Article 14: Right to equality before courts and tribunals and to a fair trial (2007)
• Convention on the Rights of the Child (Article 37)
• International Convention on the protection of the Rights of All Migrant Workers and Members of Their Families (Article 18)
• International Convention for the Protection of All Persons from Enforced Disappearance (Article 11)
• Convention on the Rights of Persons with Disabilities (Article 13)

2. United Nations Sources

1. Main instruments
• Basic Principles on the Independence of the Judiciary (endorsed by General Assembly resolutions 40/32 of 29 November 1985 and 40/146 of 13 December 1985)
• Guidelines on the Role of Prosecutors (adopted by the Eighth United Nations Congress on the Prevention of Crime and the Treatment of Offenders, held in Havana (Cuba) from 27 August to 7 September 1990)
• Basic Principles on the Role of Lawyers (adopted by the Eighth United Nations Congress on the Prevention of Crime and the Treatment of Offenders, held in Havana (Cuba) from 27 August to 7 September 1990)
• Bangalore Principles of Judicial Conduct (endorsed by the Economic and Social Council in ECOSOC resolution 2006/23)
2. General Assembly
• UN Principles and Guidelines on Access to Legal Aid in Criminal Justice Systems (General Assembly resolution 67/187 of 20 December 2012)
• Declaration of the High-level Meeting of the General Assembly on the Rule of Law at the National and International Levels (General Assembly resolution 67/1 of 24 September 2012)
• Declaration on the Right and Responsibility of Individuals, Groups and Organs of Society to Promote and Protect Universally Recognized Human Rights and Fundamental Freedoms (General Assembly resolution 53/144 of 9 December 1998, Article 9)
• Universal Declaration of Human Rights (Article 10)
3. Human Rights Council
• Independence and impartiality of the judiciary, jurors and assessors and the independence of lawyers (Human Rights Council resolution 44/8 of 14 July 2020)
• Equality and non-discrimination of persons with disabilities and the right of persons with disabilities to access to justice (Human Rights Council resolution 37/22 of 23 March 2018)
• Independence and impartiality of the judiciary, jurors and assessors, and the independence of lawyers (Human Rights Council resolution 35/12 of 22 June 2017)
• Integrity of the judicial system (Human Rights Council resolution 25/4 of 27 March 2014)
• Independence and impartiality of the judiciary, jurors and assessors and the independence of lawyers (Human Rights Council resolution 23/6 of 13 June 2013)
4. Sub-Commission on the Promotion and Protection of Human Rights
• Draft Principles Governing the Administration of Justice through Military Tribunals (E/CN.4/2006/58)
5. United Nations Office on Drugs and Crime
• Guide to the Status and Role of Prosecutors (2014)
• Measures for the effective implementation of the Bangalore Principles of Judicial Conduct (2010)
• Commentary to the Bangalore Principles (2007)

3. Other Sources

1. International Association of Judges
• Universal Charter of the Judge (adopted on 17 November 1999 and updated on 14 November 2017)
2. International Association of Prosecutors
• Declaration on Minimum Standards Concerning the Security and Protection of Public Prosecutors and their Families (2008)
• Standards of professional responsibility and statement of the essential duties and rights of the prosecutor (1999)
3. International Bar Association
• International Principles on Conduct for the Legal Profession (2011)
• General Principles for the Legal Profession (2006)
• Standards for the Independence of the Legal Profession (1990)
• International Code of Ethics (1954, latest version 1988)
• IBA Minimum Standards of Judicial Independence (1982)

2. REGIONAL INSTRUMENTS




Africa

• African Charter on Human and People’s Rights (1986), article 26
  
• African Charter on the Rights and Welfare of the Child (1999), article 17
• Principles and Guidelines on the Right to a Fair Trial and Legal Assistance in Africa (African Commission on Human and Peoples’ Rights, 2005)

Americas

• American Convention on Human Rights (1969), article 8
• American Declaration of the Rights and Duties of Man (1948), article XXVI
• Statute of the Ibero-American Judge (2001)

Asia-Pacific

• Beijing Statement of Principles on the Independence of the Judiciary in the LAWASIA Region (1997)
• Istanbul Declaration on Transparency in the Judicial Process (2013)

Commonwealth

• Commonwealth (Latimer House) Guidelines on Parliamentary Supremacy and Judicial Independence (1998)
• Commonwealth (Latimer House) Principles on the Accountability of and the Relationship between the Three Branches of Government (2003)
• Nairobi Plan of Action for Africa on the implementation of the Commonwealth (Latimer House) Principles (2005)
• Edinburgh Plan of Action on the implementation and development of the Commonwealth (Latimer House) Principles (2008)

Europe

1. European Union
• Charter of Fundamental Rights of the European Union (2000), article 47
2. Council of Europe
• European Convention for the Protection of Human Rights and Fundamental Freedoms (1950), article 6
• European Charter on the statute for judges (1998)
• Recommendation on the role of public prosecution outside the criminal justice system (Recommendation CM/Rec (2012) 11 of 19 September 2012)
• Recommendation on judges: independence, efficiency and responsibilities (Recommendation CM/Rec(2010) 12 of 17 November 2010)
• Recommendation on the role of public prosecution in the criminal justice system (Recommendation Rec (2000) 19 of 6 October 2000)
• Recommendation on the freedom of exercise of the profession of lawyer (Recommendation No. R(2000) 21 of 25 October 2000)
3. Consultative Council of European Judges (CCJE)
• Magna Carta of Judges (2010)
• Opinions of the CCJE
4. European Commission for Democracy through Law (Venice Commission)
• Report On the Independence of the Judicial System. Part I: The Independence of Judges (2010)
• Report on European Standards as Regards the Independence of the Judicial System: Part II – The Prosecution Service (2010)
• Report on Judicial Appointments (2007)
5. OSCE Office for Democratic Institutions and Human Rights (ODIHR)
• Kyiv Recommendations on Judicial Independence in Eastern Europe, South Caucasus and Central Asia: Judicial Administration, Selection and Accountability (2010)

Middle East North Africa

• Arab Charter on Human Rights (2005), articles 12 and 13