justice

Independence of Judges and Lawyers

Established in 1994, the United Nations Special Rapporteur (UNSR) on the Independence of Judges and Lawyers was created with the purpose of addressing the attacks on the independence of judges, lawyers and court officials and the link which exists between the weakening of safeguards for the judiciary and lawyers and the gravity and frequency of violations of human rights. In 2008 the UN Human Rights Council reviewed and renewed this mandate with the purpose of, among other things:

  • To identify and record not only attacks on the independence of the judiciary, lawyers and court officials but also progress achieved in protecting and enhancing their independence;
  • To identify ways and means to improve the judicial system, and make concrete recommendations;
  • To study, for the purpose of making proposals, important and topical questions of principle with a view to protecting and enhancing the independence of the judiciary and lawyers and court officials;

The Human Rights Clinic will provide research support to the UNSR, focusing on the thematic reports that must be submitted to the Human Rights Council and the UN General Assembly.

Project Partner: Diego García-Sayán, UN Special Rapporteur on the Independence of Judges and Lawyers

Academic Advisor: Professor John Packer

Project Coordinator: Jordi Feo Valero, HRREC Member

Project activities include:

In the present report, the Special Rapporteur examines the challenges and outlook for judicial independence in the context of the 2030 Agenda for Sustainable Development and its reflection in Sustainable Development Goal 16, "Promote just, peaceful and inclusive societies". He focuses on justice for all, a fundamental guiding concept running through his various reports. The Special Rapporteur examines the contributions of his reports to the achievement of the targets of Sustainable Development Goal 16, and identifies the outstanding challenges and tasks for States in the area of justice.

In the present report, the Special Rapporteur addresses the issue of the protection of persons who practise law, since the free exercise of the legal profession is an indispensable element of the judicial guarantees that ensure a fair trial and the protection of human rights. The Special Rapporteur describes the international and regional standards that are aimed at protecting the legal profession.

In the present report, the Special Rapporteur on the independence of judges and lawyers, focuses on gender equality in the judiciary. The report examines the current status of women’s representation in judicial systems, identifying the barriers hindering their adequate access to, and promotion and retention in, the judiciary and prosecution services.

In the report, the Special Rapporteur on the independence of judges and lawyers focuses on the impact of the COVID-19 pandemic on judicial systems and their independence and on access to justice, and makes a number of recommendations intended to help State authorities to guarantee access to justice and a functioning and independent system that is open to the people.  

In the present report, the Special Rapporteur on the independence of judges and lawyers, focuses on the disciplinary proceedings against judges for alleged misconduct in the exercise of their functions. The Special Rapporteur also covers “disguised” sanctions imposed on judges with the aim of intimidating, harassing or otherwise interfering with the professional activities of judges.

The Special Rapporteur has documented the pattern of various forms of disguised sanctions imposed on judges to harass, punish or otherwise interfere with the legitimate exercise of a judge’s professional activities. Unlike the penalties imposed at the outcome of formal proceedings, disguised sanctions are not imposed in the cases provided for by law and/or in accordance with a regulated procedure.

In this report, the Special Rapporteur sets out to supplement his previous reports on the impact of corruption on the independence and impartiality of members of the judiciary by analyzing the specific influence of corruption on public prosecution services and on the effective enjoyment of human rights. Prosecutors, as guarantors of the justice system, have a responsibility to ensure respect for the rule of law based on the obligation to respect, protect and uphold established human rights.

In the present report, the Special Rapporteur on the independence of judges and lawyers focuses on the essential role that the Basic Principles on the Independence of the Judiciary have played as guarantors of judicial independence, and the status of threats and challenges to the independence of judges and lawyers and the judicial system as a whole, including prosecutors, in the current global context.

In the present report, submitted pursuant to Human Rights Council resolution 35/11, the Special Rapporteur on the independence of judges and lawyers focuses on the exercise of the rights to freedom of expression, association and peaceful assembly by judges and prosecutors, both offline and online.

  • Report of the Special Rapporteur on the independence of judges and lawyers, “Bar Associations” to the United Nations General Assembl, UN doc. A/73/365 (September 5, 2018).

The report focuses on the role of bar associations as an important institution to enable the free and independent exercise of the legal profession and to ensure access to justice and the protection of human rights. The report analyzes forms of interference with associations’ independence, ranging from legal or administrative obstacles to prevent lawyers from establishing or joining independent professional organizations, to different forms of control by the executive or judicial branch on the entry into or continued practice within the legal profession, and threats of disciplinary action and intimidation against the members of bar associations.

  • Report of the Special Rapporteur on the independence of judges and lawyers, “Judicial councils” to the Human Rights Council, UN doc. A/HRC/38/38 (May 2, 2018).

This report focuses on the Judicial Councils. These organizations play an essential role in guaranteeing the independence and the autonomy of the judiciary. Despite the increase in the number of judicial councils in all regions of the world, there is a lack of international legal standards at the international level specifically devoted to the role, composition and functions of judicial councils. The report offers some recommendations relating to the establishment, composition and functions of judicial councils.

In this report, the focus is the issue of issue of organized crime and its impact on the justice system. The report seeks to identify (a) the causes and factors that generate judicial corruption through organized crime; (b) the extent of corruption and its impact on the judiciary and society as a whole; and (c) the main modalities and tactics used by organized crime.

In this report, the Special Rapporteur reviews his perspective on the mandate and presents specific issues of concern that he will pay particular attention to during his tenure, particularly the issue of corruption and organized crime.