Closing remarks by Gianluca Esposito
Director General
Directorate General Human Rights and Rule of Law
9th meeting of the Committee of Experts on the Protection of Lawyers (CJ-AV)
9-11 September, Palais, room 11
(Short intro by Gianluca Esposito)
Congratulations for completing the first international legally binding instrument on the protection of lawyers.
Without the free and independent exercise of the profession of lawyer, justice systems in our democratic societies cannot be truly functional, and the rule of law finds itself weakened.
Lawyers are instrumental to the effective defence of human rights, as their role is to represent everyone, including the most vulnerable individuals and marginalised groups, who seeks to have their rights vindicated before the courts.
Lawyers face increasing pressure and attacks that threaten their ability to work independently and securely, and therefore to fulfil their key function.
To address this concern, over 20 years after the adoption of a recommendation on this topic, a legally binding, comprehensive text was needed.
I am particularly pleased that, to achieve the most effective protection, the draft convention covers not only the rights and protection of individual lawyers but also those of professional associations. This recognises their vital role in defending the interests and rights of lawyers.
This draft convention has garnered keen interest and strong support from the Committee of Ministers. At the last Ministerial session, the Ministers called for the rapid finalisation of the draft Convention “to strengthen the resilience of our national justice systems”. This is a testament to the political relevance of this work, but also to your hard work, the sterling presidency of Mr Christoph Henrichs, and the invaluable contributions from all members, participants and observers. The diversity of the committee’s composition has certainly been one of its strengths, with lawyers, professional associations as well as ministries of justice working side by side and constructively. I also wish to thank my colleagues in the secretariat for their outstanding work.
The finish line is in sight. After approval by the CDCJ in mid-November, the unwavering support of the Luxembourg presidency will be key to have a swift adoption by the CM in early 2025 and a successful opening for signature, with hopefully as many states committing to furthering the protection of the profession of lawyer. This is when the instrument you have carefully drafted will come to life and fulfil its role.
