Key-note speakers:
Vaida RUDENAITE, Lithuania, senior adviser of the Ministry of Justice, member of the CoE Committee of Experts on the Protection of Lawyers (tbc)
Livia STOICA BECHT, CoE, Head of the Human Rights, Justice and Legal Co-Operation Standard Setting Activities Department, Directorate General Human Rights and Rule Of Law (tbc)
Maria ŚLĄZAK, Poland, Attorney of Law, President of the European Association of Lawyers (AEAEAL), Observer in the CoE Committee of Experts on the Protection of Lawyers (tbc)
Plenary discussion:
Framework characteristics of the legal practitioner and the Bar Association. A human rights based approach and the legal profession. Perspectives on the new CoE instrument for the region and for selected countries: The role of the state and the role of the individual(s), civil society, professional societies.
Moderator:
Liudmila ULYASHYNA, Lithuania, Dr, associate professor, Head of the “Centre for Constitutionalism and Human Rights”, Chair of the Senate of the European Humanities University
Rapporteur: Lela METREVELI, Moldova, a head of the ILIA partnership, a head of Human Rights Embassy, associate member of the CCHR (tbc)
Main outputs:
- Work on the new Council of Europe instrument is progressing, the Council of Europe Committee of Experts for the Protection of Lawyers, consisting of 15 members and observers
- The question of the status of the new CoE instrument has not yet been finalized, but the hope is that it will be a binding document/convention, with a monitoring mechanism, an effective instrument imposing obligations on states to respect/observe professional rights and guarantees for lawyers
- At the moment, the Council of Europe’s Committee of Experts for the Protection of Lawyers is still inclined to include lawyers recognized by national law/national bar associations in the convention, but the international organizations/bar professional associations that observe the Committee of Experts hope to include in the convention a broader group of lawyers/bar associations who have been improperly deprived of their law license/bar status/ability to practice law.
- ILIA International Partnership is negotiating with the CoE for continued participation in the work of the Council of Europe’s Committee of Experts on the Protection of Lawyers as an observer.
“Role of professional standards for human rights protection: ethical and normative aspects”
Liudmila ULYASHYNA, Lithuania, EHU, Dr, associate professor of the Academic Department of the Social Science, Head of the Centre for Constitutionalism and Human Rights. Lecture: “The Role of Professional Standards in Human Rights Protection: Ethical and Normative Aspects” (in Russ)
Volja VYSOCKAJA, Poland, a human rights lawyer, a head of the working group on drafting Model documents as a follow up of the “Lawyers for the Rule of Law. Human Rights Education and Vocational Training” (tbc)
Plenary discussion
A broad definition of “lawyer” and the role of ethical standards as an integral part of the guarantee of lawyers’ immunities. Loyalty and Service to the Public Interest: the Dilemma of Bar Practice. The role of the Bar Association in understanding the status and place of lawyers in the justice system. Presentation of the Model Code: status and prospects.
Moderator: Anastacia SERBINA, Ukraine, a lawyer, an adviser of the working group on drafting Model documents as a follow up of the “Lawyers for the Rule of Law. Human Rights Education and Vocational Training” (tbc)
Rapporteur: Olena DYEMYENYEVA, Ukraine, a lawyer, an adviser of the working group on drafting Model documents as a follow up of the “Lawyers for the Rule of Law. Human Rights Education and Vocational Training” (tbc)
Main outputs:
- Worldwide and European approach for “advocates” as functional and qualification/certified is a deal-breaker for consensual attitude for progressive definition
- The new approach, orchestrated by CCBE which supports that the definition of lawyer should be amended to include any person who claims that his/her rights have been violated based on their legitimate activities as a lawyer, to include those lawyers who have been disbarred or suspended based on their professional activities and who are no longer officially recognized as lawyers in their own jurisdictions or who are no longer permitted to practice professionally which stems out from functional approach and presents a convenient framework
- Ethical standards for advocates have deep roots in classification of concepts and are well-introduced in international legal documents
- Definition of ethical standards by governmental loses its relevance and should be diverted into a more flexible model
- Model Convention and Code of Ethics are products of collaboration of stakeholders from Belarus, Ukraine, Russia, Azerbaijan and Moldova
“Presentations of the reports of the ILIA countries: Azerbaijan, Belarus, Moldova, Ukraine and Russia”
Discussion
The Role of the Bar and the Advocate: from the definition of concepts to the impact on the level of human rights protection
Moderator: Natalia MATCKEVICH, Belarus, a human rights lawyer, a co-leader of the Project “Lawyers for the Rule of Law”, scientific manager of the second cycle of educational course “Human Rights Education and Vocational Training”. Please, find the presentation of belarusian lawyers attached here.
Rapporteur: Kristina HYRLA, a lawyer, a member of the CCHR team.
Main outputs
- Azerbaijan experiences systematic problems of inconsistency of ethical guidelines and disciplinary proceedings with European and international standards, independence of local Bar Association, lack of professional protection and guarantees, pro bono legal aid
- Belarus experiences systematic problems of low level of legal education, absence of unified system of advanced training for lawyers in an independent institution, discriminatory certification proceedings, absence of independence of activities, grave violations of professional rights and privileges, repressive governmental practices, unjust disciplinary proceedings, independence of local Bar Association, de-facto lack of pro bono legal aid institution,
- Moldova experiences systematic problems of certification of advocates, implementation of pro bono legal aid mechanism, threats and interferences from law-enforcement bodies
- Russia experiences systematic problems of provision of legal aid in political cases, insufficiency of legal education promotion mechanisms, inconsistency of ethical guidelines with European and international standards, governmental interferences within the fundamental guarantees and privileges of advocates’ in political cases, disciplinary proceedings, application of legislation of foreign agents,
- Ukraine experiences systematic problems of interferences from law-enforcement mechanism
Ingrida DANELIENE, Lithuania, EHU, Dr., Head of the Academic Department of the Social Science, associate professor.
Discussion Do research and publications impact on the effectiveness of human rights protection? What is the impact of practicing lawyers’ lectures to students on the uptake of study materials? How to raise the relevance of student research by involving lawyers in generating topics for coursework and master’s theses?
Moderator: Fuad AGAYEV, Azerbaijan, a lawyer at the Azerbaijan Bar Association, researcher and expert in the implementation of human rights law.
Rapporteur: Kenan QAYIBOV, Azerbaijan, a law student of the Baku University, awarded as a best student of the Summer University 2022 with the internship at the CCHR.
Main outputs
- Academic freedom, which is necessary precondition for promotion of human rights stems out from fundamental freedom of thought/expression which is articulated in almost every Constitution
- Disciplinary proceedings, which are resulted in the case of alleged violation of freedom of thought/expression may fall under freedom of creative activity and academic freedom
- Freedom of cultural activity for ensuring the protection of lawyers’ and advocates’ freedom of expression/thought should be fostered
- Advocates should bear responsibility not for the content of their expressions, but for the utilization of platform, which may imply their official position
- High quality of legal education for achieving increased legal culture should be promoted
- Methodology for legal education process should be coherent and value-oriented in order to secure academic freedom.
“Presentation of training results, course materials and discussion of the second cycle of the educational courses “Lawyers for the Rule of Law. Human Rights Education and Vocational Training”
Lela METREVELI, Moldova, a head of the ILIA partnership, a head of Human Rights Embassy, associate member of the CCHR (tbc)
Discussion. Q&A
Do professional bar associations recognise the certificates issued by the EHU as professional development? Is it necessary and how should this be dealt with? How to manage the workload while studying? Advice and experiences from First Cycle graduates. The added value of training?
Main outputs
- 38 participants from 6 countries have successfully participated in educational courses and received the certificate issued by EHU
- New cycle of educational courses will cover 5 countries with 35 expected participants
- Preparation of new cycle of educational courses was hugely influenced by feedbacks from participants and stakeholders
- The content of new cycle will include the topics of crimes against humanity – international and national aspects; UNHR system for lawyers: norms, bodies, procedures, standards; lawyers: legal standards, ethics, and communication matters; lawyers’ bar associations: right for association and sui generis of the professional self-governing entity of lawyers
Conference Statement adopted by the participants of International Scientific Conference.
“The right to legal counsel: scientific and practical aspects of the role of lawyers for human rights in the light of the development of the Council of Europe document “On the profession of lawyers and access to legal assistance”.