Landmark new international treaty on protecting lawyers

Landmark new international treaty on protecting lawyers

The Council of Europe has adopted the first-ever international treaty aiming to protect the profession of lawyer.

The treaty was drafted in response to increasing reports of attacks on the legal profession, including in the form of harassment, threats or attacks, or interference with the exercise of professional duties (for example, obstacles to access to clients).

The Council of Europe Convention for the Protection of the Profession of Lawyer covers lawyers and their professional associations, whose role it says is vital in defending lawyers’ rights and interests as a profession.

The Convention addresses entitlement to practice, professional rights, freedom of expression, professional discipline and specific protective measures for lawyers and professional associations.

Under the Convention, states must ensure that lawyers can carry out their professional duties without being the target of any form of physical attack, threat, harassment or intimidation or any improper hindrance or interference.

Where such circumstances could amount to a criminal offence, parties must conduct an effective investigation. Parties must also ensure that professional associations can operate as independent, self-governing bodies.

The Convention will be opened for signature on 13 May, on the occasion of the Council of Europe foreign affairs ministers’ meeting in Luxembourg.

At least eight countries, including six member states of the Council of Europe, must ratify the treaty for it to enter into force.

Compliance with the Convention will be monitored by an expert group and a committee of the parties.

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