Improving of the Administration of Justice in the Americas: Protection and Guarantees for Judges and Lawyers in the Exercise of Their Functions (From Revista IIDH, P 65-171, 1995, Antonio A Cancado Trindade and Daniel Zovatto G, eds.)

• NCJ Number: 164161
• Author(s): J T Fried
• Date Published: 1995
• Length: 24 pages
• Sale Source: Inter-American Institute of Human Rights
• Publication Type: Issue Overview
• Language: English
• Country: Costa Rica

Annotation

This first report of the Inter-American Juridical Committee on the protections and guarantees for judges and lawyers in the exercise of their functions focuses on the necessity for judges and lawyers to be independent and the extent of threats to such independence in the Americas, along with the response of member countries to such threats and also recommendations.

Abstract

Although the independence of the judiciary and the protection of lawyers and judges in the exercise of their functions is recognized by most policymakers as essential to the effective functioning of a legal system, this study shows that the independence of the judiciary continues to be threatened throughout the Americas, and the response of member countries has been inconsistent. In 1993 the Sub-Commission on the Prevention of Discrimination and the Protection of Minorities of the UN Human Rights Commission recommended the creation of a monitoring mechanism on the independence and impartiality of the judiciary, particularly regarding judges and lawyers, as well as court officials, and the nature of potential threats to this independence and impartiality. This report suggests that the Inter-American Juridical Committee recommend that the Committee on Political and Juridical Affairs make certain proposals to the General Assembly. These include calling the attention of member states to the basic principles on the independence of the judiciary and the role of lawyers; urging member states to bring the attention of judges, lawyers, and relevant policymakers, as well as the general public, to international instruments in this field; and encouraging all member states to give priority to efforts to respect these principles. This report further recommends that the Committee on Political and Juridical Affairs continuously review developments in member countries that may threaten the independence of the judiciary or that impede adequate protection of judges and lawyers in the exercise of their functions. Appended relevant standards and reports