Chapter 4 • Independence and Impartiality of Judges, Prosecutors and Lawyers Questions (cont.d) l l l l For those participants who are women jurists, have you, in the course of your work, experienced any specific problems, difficulties or harassment that may be attributable to your gender? If so, how did you confront the problems, difficulties, or harassment? If you have had to deal with any of the above situations, were you aware of the existence of international legal standards aimed at strengthening the role of the Judiciary and the legal professions in general that might have been conducive to strengthening your position vis-à-vis the Executive, Legislature or other groups or persons acting with or without the connivance of the State? Lastly, in your country, would there be any room for you, as judges, to soften the effect of repressive laws by means of interpretation? Relevant Legal Instruments l Universal Instruments The International Covenant on Civil and Political Rights, 1966 ***** l l l l l l Basic Principles on the Independence of the Judiciary, 1985 Guidelines on the Role of Prosecutors, 1990 Basic Principles on the Role of Lawyers, 1990 Regional Instruments The African Charter on Human and Peoples’ Rights, 1981 The American Convention on Human Rights, 1969 The European Convention on Human Rights, 1950 ***** l Council of Europe Recommendation No. R (94) 12 of the Committee of Ministers to Member States on the independence, efficiency and role of judges.1 1 In addition to these binding and non-binding legal sources, ethical standards have been adopted by professional associations such as judges’, prosecutors’ and lawyers’ associations. Such standards may provide useful guidance to the legal professions. See e.g. the following standards adopted by the International Bar Association (IBA): IBA Minimum Standards of Judicial Independence, 1982; IBA Standards for the Independence of the Legal Profession, 1990. See also the IBA statement of General Principles for Ethics of Lawyers, IBA Resolution on Non-Discrimination in Legal Practice, as well as the IBA paper Judicial Corruption Identification, Prevention and Cure of 14 April 2000. These documents can be found at the IBA web site: http://www.ibanet.org. 114 Human Rights in the Administration of Justice: A Manual on Human Rights for Judges, Prosecutors and Lawyers