A/HRC/RES/23/6
Noting with concern the increasingly frequent attacks on the independence of
judges, lawyers, prosecutors and court officials, in particular threats, intimidation and
interference in the discharge of their professional functions,
Recalling that every State should provide an effective framework of remedies to
redress human rights grievances or violations and that the administration of justice,
including law enforcement and prosecutorial agencies and, especially, an independent
judiciary and legal profession in full conformity with applicable standards contained in
international human rights instruments, is essential to the full and non-discriminatory
realization of human rights and indispensable to the processes of democracy and
sustainable development,
Recalling also that it is essential to ensure that judges, prosecutors, lawyers and
court officials possess the professional qualifications required for the performance of their
functions through improved methods of recruitment and legal and professional training, and
through the provision of all necessary means for the proper performance of their role in
ensuring the rule of law,
Emphasizing that judges, prosecutors and lawyers play a critical role in upholding
human rights, including the absolute and non-derogable right of freedom from torture and
other cruel, inhuman or degrading treatment or punishment,
Recognizing the importance of bar associations, professional associations of judges
and prosecutors, and non-governmental organizations in the defence of the principle of the
independence of judges and lawyers,
Stressing the role that independent and effective national human rights institutions in
accordance with the Paris Principles can and should play in strengthening the rule of law
and in supporting the independence and integrity of the judicial system,
Recognizing that legal aid is an essential element of a fair, humane and efficient
system of administration of justice that is based on the rule of law,
Reaffirming Human Rights Council resolution 17/2 of 6 July 2011 on the mandate of
the Special Rapporteur on the independence of judges and lawyers, and acknowledging the
importance of his or her ability to cooperate closely, within the framework of his or her
mandate, with the Office of the United Nations High Commissioner for Human Rights,
including in the fields of advisory services and technical cooperation, in the effort to
guarantee the independence of judges and lawyers,
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;
2.
Encourages States to promote diversity in the composition of the members of
the judiciary, including by taking into account a gender perspective, and to ensure that the
requirements for joining the judiciary and the selection process thereof are nondiscriminatory, and provide for a public, transparent selection process, based on objective
criteria, and guarantee the appointment of individuals of integrity and ability with
appropriate training and qualifications in law;
3.
Stresses that the term of office of judges, their independence, security,
adequate remuneration, conditions of service, pensions and the age of retirement should be
adequately secured by law, and that the security of tenure of judges is an essential
guarantee of the independence of the judiciary and that grounds for removal must be
explicit with well-defined circumstances provided by law, involving reasons of incapacity
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