DYYAD's proposal on the drafting of a European Convention for the Protection of Lawyers and on PACE's Committee on Legal Affairs and Human Rights' motion on enhancing the protection of Human Rights Defenders
DYYAD - A Joint Project of Pleiades and Lawyers Without Borders - Greece for the Support of HRD
Press Release, 17 February 2018
The HRD Support Network DYYAD, A Joint Program of Pleiades and Lawyers Without Borders - Greece, welcomes PACE's Committee on Legal Affairs and Human Rights' motion on enhancing the protection of Human Rights Defenders, especially Lawyers, and its proposal of recommendations to member States, to respect, promote the freedom of exercise of the profession of lawyer, as well as its proposal to the CoM to adopt a Convention on the Profession of Lawyer, based on Recommendation No. R (2000) 21 and establish an early-warning mechanism, also initiating activities to assist member States' efforts in this field.
The draft recommendation was adopted unanimously by the Committee on 12 December 2017.
Deeply concerned that "harassment, threats and attacks against lawyers continue to occur in many CoE member States and are even increasing in some", it considered that this situation reveals a need "to reinforce the legal status of Recommendation No. R (2000) 21 by translating its provisions into a binding Convention, "accompanied by an early-warning mechanism to respond to immediate threats, modelled on the existing Platform to promote the protection of journalism and the safety of journalists".
DYYAD would at this point wish to highlight the special characteristics of Lawyers, among Human Rights Defenders, which requires a more in-depth approach relating to the dangers they face while exercising their profession, taking into account not only the UN Declaration on the Protection of Human Rights Defenders, but also the UN Basic Principles on the Role of Lawyers.
DYYAD points to the legislative proposal ("model law") it has announced from the premises of the Athens Bar Association in November 2017, strictly taking into account the International Service for Human Rights' "model law for the recognition and protection of human rights defenders" (restricting its role in 60 lawyers and a team of expert volunteers translating its text and tranforming it where absolutely necessary, in order to "fit" into the Greek reality) and also provided for the parallel implementation, in the same text - legislative initiative proposal, of specific safeguards for Lawyers, based on the implementation of the UN Basic Principles on the Role of Lawyers, which have not been included in ISHR's model law. The latter was developed in consultation with over 500 defenders from every region, and settled and adopted by 28 of the world's leading human rights experts and jurists, aiming to provide authoritative guidance to States on how to implement the UN Declaration on HRD at the national level.
DYYAD therefore urges PACE and all competent authorities which will contribute to the final, binding on EU level legal text, to consider ISHR's model law and also the text prepared by Pleiades' legal team, which in part focuses on Lawyers and their efficient protection, taking into account their special role and characteristics, among Human Rights Defenders.
DYYAD remains open to provide its expert support to those drafting a European Convention on the Protection of Lawyers.
More on ISHR's model law here
More on PACE's "The case for drafting a European convention on the profession of lawyer"
Press Release, 17 February 2018
The HRD Support Network DYYAD, A Joint Program of Pleiades and Lawyers Without Borders - Greece, welcomes PACE's Committee on Legal Affairs and Human Rights' motion on enhancing the protection of Human Rights Defenders, especially Lawyers, and its proposal of recommendations to member States, to respect, promote the freedom of exercise of the profession of lawyer, as well as its proposal to the CoM to adopt a Convention on the Profession of Lawyer, based on Recommendation No. R (2000) 21 and establish an early-warning mechanism, also initiating activities to assist member States' efforts in this field.
The draft recommendation was adopted unanimously by the Committee on 12 December 2017.
Deeply concerned that "harassment, threats and attacks against lawyers continue to occur in many CoE member States and are even increasing in some", it considered that this situation reveals a need "to reinforce the legal status of Recommendation No. R (2000) 21 by translating its provisions into a binding Convention, "accompanied by an early-warning mechanism to respond to immediate threats, modelled on the existing Platform to promote the protection of journalism and the safety of journalists".
DYYAD would at this point wish to highlight the special characteristics of Lawyers, among Human Rights Defenders, which requires a more in-depth approach relating to the dangers they face while exercising their profession, taking into account not only the UN Declaration on the Protection of Human Rights Defenders, but also the UN Basic Principles on the Role of Lawyers.
DYYAD points to the legislative proposal ("model law") it has announced from the premises of the Athens Bar Association in November 2017, strictly taking into account the International Service for Human Rights' "model law for the recognition and protection of human rights defenders" (restricting its role in 60 lawyers and a team of expert volunteers translating its text and tranforming it where absolutely necessary, in order to "fit" into the Greek reality) and also provided for the parallel implementation, in the same text - legislative initiative proposal, of specific safeguards for Lawyers, based on the implementation of the UN Basic Principles on the Role of Lawyers, which have not been included in ISHR's model law. The latter was developed in consultation with over 500 defenders from every region, and settled and adopted by 28 of the world's leading human rights experts and jurists, aiming to provide authoritative guidance to States on how to implement the UN Declaration on HRD at the national level.
A powerful and important new tool
The Model Law will be a powerful and important new tool in the hands of both human rights defenders and governments,’ said UN Special Rapporteur on Human Rights Defenders, Michel Forst, one of the experts endorsing the Law.Fellow expert, Kamala Chandrakirana of the UN Working Group on Discrimination against Women in Law and in Practice, said, ‘The Model Law will trigger and open the space for discussion as to how to effectively protect human rights defenders.‘We urge all States to legislate and implement this Model Law,’ added Guadalupe Marengo, Head of the Global Human Rights Defenders Team with Amnesty International, and another expert to endorse the Law.
DYYAD therefore urges PACE and all competent authorities which will contribute to the final, binding on EU level legal text, to consider ISHR's model law and also the text prepared by Pleiades' legal team, which in part focuses on Lawyers and their efficient protection, taking into account their special role and characteristics, among Human Rights Defenders.
DYYAD remains open to provide its expert support to those drafting a European Convention on the Protection of Lawyers.
More on ISHR's model law here
More on PACE's "The case for drafting a European convention on the profession of lawyer"
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