Binding Documents

Universal


Protocol Additional to the Geneva Conventions of 12 August 1949: Article 75
Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of Non-International Armed Conflicts (Protocol II): Article 6
International Covenant on Civil and Political Rights (1966): Article 14
Convention on the Rights of the Child (1989): Article 37
International Convention on the Protection of the Rights of all Migrant Workers and Members of their families (1990): Article 18
United Nations Convention against Corruption (2003): Article 11
International Convention for the Protection of all Persons from enforced Disappearance (2006): Article 11
United Nations Human Rights Committee General Comment (2007): Article 14

Europe


Charter of Fundamental Rights of the European Union (2000): Article 47

Americas


American Convention on Human Rights (1969): Article 8

Africa


African Charter on Human and Peoples’ Rights (“Banjul Charter”) (1981): Article 26
African Charter on the Rights and Welfare of the Child (1990): Article 1

Non-binding Documents

Universal


The Universal Declaration of Human Rights (1948): Article 10
The (Montreal) Universal Declaration on the Independence of Justice (1983)
Procedures for the Effective Implementation of the Basic Principles on the Independence of the Judiciary
United Nations Standard Minimum Rules for the Administration of Juvenile Justice (1985)
Draft Universal Declaration on the Independence of Justice (1985)
Madrid Principles on the Relationship between the Media and Judicial Independence (1994)
Declaration on the Right and Responsibility of Individuals, Groups and Organs of society to Promote and Protect Universally Recognized Human Rights and fundamental freedoms (1998): Article 99
Commission on Human Rights Resolution 2003/39: Integrity of the Judicial System
Commission on Human Rights Resolution 2004/33: Independence and Impartiality of the Judiciary, Jurors and Assessors and the Independence of Lawyers
Draft Principles Governing the Administration of Justice through Military Tribunals (2005)

Europe


Rec. No. R (94) 12 of the Committee of Ministers to member states on Independence, efficiency and role of judges and Explanatory Memorandum (1994)
Rec. CM/Rec (2010) 12 of the Committee of Ministers to member states on judges: independence, efficiency and responsibilities
European Charter on the Statute of Judges and Explanatory memorandum (1998)
Opinion No. 1 (2001) of the Consultative Council of European Judges (CCJE) for the attention of the Committee of Ministers of the Council of Europe on standards concerning the independence of the judiciary and the irremovability of judges
Opinion No. 2 (2001) of the Consultative Council of European Judges (CCJE) for the attention of the Committee of Ministers of the Council of Europe on the funding and management of courts with reference to the efficiency of the judiciary and to article 6 of the European Convention on Human Rights
Opinion No. 3 (2002) of the Consultative Council of European Judges (CCJE) for the attention of the Committee of Ministers of the Council of Europe on the principles and rules governing judges’ professional conduct, in particular ethics, incompatible behavior and impartiality
Opinion No. 4 (2003) of the Consultative Council of European Judges (CCJE) for the attention of the Committee of Ministers of the Council of Europe on appropriate initial and in-service training for judges at national and European levels
Opinion No. 5 (2003) of the Consultative Council of European Judges (CCJE) for the attention of the Committee of Ministers of the Council of Europe on the law and practice of judicial appointments to the European court of human rights
Opinion No. 10 (2007) of the Consultative Council of European Judges (CCJE) for the attention of the Committee of Ministers of the Council of Europe on the Council for the Judiciary at the service of society
Guidelines of the Committee of Ministers of the Council of Europe on human rights and the fight against terrorism (2002): Article IX
European Network of Councils of the Judiciary (ENCJ, 2008)
European Court of Human Rights (ECtHR) Resolution on Judicial Ethics(2008)
Consultative Council of European Judges (CCJE) Magna Carta of Judges (2010)

Americas


American Declaration of the Rights and Duties of Man (1948): Article XXVI
Inter-American Democratic Charter (2001): Articles 3 and 4

Africa


African Commission on Human and Peoples’ Rights Resolution on the Respect and the Strengthening on the Independence of the Judiciary (1996)
African Commission on Human and Peoples’ Rights Principles and Guidelines on the Rights to a fair Trial and Legal Assistance in Africa (2003)

Asia-Pacific


Beijing Statement of Principles on the Independence of the Judiciary in the LAWASIA Region (1997)334

Commonwealth


Commonwealth (Latimer House) Principles on the Three Branches of Government (2003) with Annex (Parliamentary Supremacy, Judicial Independence)

Standards adopted by Professional Associations

Universal


International Bar Association (IBA) Minimum Standards of Judicial Independence (1982)
International Association of Judges (IAJ) The Universal Charter of the Judge (1999)
IAJ 1st SC Conclusion 1983: The structures of the judicial organization in the member-countries of IAJ 361
IAJ 1st SC Conclusion 1987: Supervision of the conduct or behavior of the judges: concept; who supervises; right of defense (and human rights); independence of the judges
IAJ 1st SC Conclusion 1988: The appointment and the social status of judges
IAJ 1st SC Conclusion 1989: The responsibility of the judge
IAJ 1st SC Conclusion 1990: How to protect judges from external political, economical and social influences and from violence
IAJ 1st SC Conclusion 1994: Participation of the judicial power in the administration of justice
IAJ 1st SC Conclusion 1995: Criteria for the assessment of the work of courts and judges
IAJ 1st SC Conclusion 1996: Recruitment and training of judges in a modern society
IAJ 1st SC Conclusion 1997: Various special measures implemented in different countries to manage the increasing number of cases coming before the courts.
IAJ 1st SC Conclusion 1998: Various special measures implemented in different countries to manage the increasing number of cases coming before the courts.
IAJ 1st SC Conclusion 1999: To revalorize the relations between the judiciary and the other powers of state for a better working of justice
IAJ 1st SC Conclusion 2000: The independence of the individual judge within his own organization
IAJ 1st SC Conclusion 2001: The appointment and the role of presidents of courts
IAJ 1st SC Conclusion 2003: The role and function of the high council of justice or analogous bodies in the organization and management of the national judicial system
IAJ 1st SC Conclusion 2004: Rules for the ethical conduct of judges, their application and observance
IAJ 1st SC Conclusion 2005: Economics, Jurisdiction and Independence
IAJ 1st SC Conclusion 2006: How can the appointment and assessment (qualitative and quantitative) of judges be made consistent with the principle of judicial independence
IAJ 1st SC Conclusion 2008: The relationship between the executive and the judiciary in a democratic society: the question is – who should be master?
IAJ 1st SC Conclusion 2009: Ways to identify and classify criteria, objective and subjective, by reference to which the independence of the judiciary may be assessed

Americas


American Bar Association (ABA) Model Code of Judicial Conduct (2007)
Declaration of Minimal Principles about Judiciaries and Judges’ Independence in Latin America (Campeche Declaration) (2008)

Documents based on research initiatives


The Hague Principles on Ethical Standards for Counsel Appearing before International Courts and Tribunals
The Burgh House Principles on the Independence of the International Judiciary
Policy Framework for Preventing and Eliminating Corruption and Ensuring the Impartiality of the Judicial System (2000)
Mt. Scopus Approved Revised International Standards of Judicial Independence (2008)429
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