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Council of Europe adopts treaty to protect lawyers

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

This is in response to increasing reports of attacks on the practice of the profession, whether in the form of harassment, threats or attacks, or interference with the exercise of professional duties (such as obstacles to access to clients).

The Council of Europe states that  lawyers play a key role in upholding the rule of law and securing access to justice for all, including to vindicate possible human rights violations.

Therefore, public confidence in justice systems also depends on the role played by lawyers.

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

The convention addresses:

• Entitlement to practise,
• 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.

Self-governing bodies

Parties must also ensure that professional associations can operate as independent, self-governing bodies.

The convention will be opened for signature on 13 May, at 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 it for it to enter into force.

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