A/70/212 translation is a minimum requirement in all cases, it is clear that it does not necessarily provide the fullest possible guarantee of fairness. 45. Numerous States go beyond these minimum provisions and provide for the right of certain linguistic minorities to have the proceedings themselves conducted in their own language. This may apply to the territory of the State as a whole or to a particular region. Wherever possible, such an approach is to be encouraged, as it contributes to the fairness of the proceeding, equality, promotion of identity and effective participation. 64 3. Impartiality of judges and prosecutors, and representativeness of juries 46. The requirement of “impartial tribunal” as an aspect of the right to fair trial signifies that judges not only must be free from any actual prejudice but also must “appear to a reasonable observer to be impartial”. 65 In assessing whether conduct by a judge vis-à-vis a minority individual violates this standard, one should cons ider specifically how members of the minority would perceive that conduct. 47. For instance, a judge in Canada excluded members of the public who wore a particular religious headdress from observing a criminal trial, citing a general rule against wearing hats in the court. The Court of Appeal commented that this ruling and the reasons pronounced by the judge “may well have inadvertently created the impression of an insensitivity as to the rights of minority groups ” and therefore constituted an error that “may well have resulted in creating an atmosphere that undermined the appearance of a fair trial”. 66 48. States parties should strive firmly to ensure the absence of discriminatory prejudice against minorities on the part of judges, jury members and other j udicial personnel. States should also prevent all direct influence by pressure groups, ideologies or religions on the functioning of the system of justice and on the decision of judges, which may have a discriminatory effect on certain groups. 67 49. Judges should be aware of the diversity of society, and should act to counter any prejudice against minorities on the part of the persons under their direction or of lawyers appearing before them. 68 Numerous jurisdictions have published guidance, endorsed by chief justices and judicial councils and developed through inclusive __________________ 64 65 66 67 68 14/27 E.g., Canadian Charter of Rights and Freedoms, article 19; sects. 530, 530.1 and 530.2 of the Criminal Code of Canada; OSCE, Oslo Recommendations regarding the Linguistic Rights of National Minorities and Explanatory Note (1998), recommendation 19; European Charter for Regional or Minority Languages (ETS No. 148 (1992), article 9 (1) (a) (i); Gulazat Tursun, “The protection of minorities in court proceedings: a perspective on bilingual justice in China ”, Chinese Journal of International Law, 9 (2010), pp. 537-563; and CERD/C/NIC/CO/14 (CERD, 2008), para. 19. Human Rights Committee, General Comment 32, para. 21. Ontario Court of Appeal, R. v. Laws, Judgment of 9 September 1998, paras. 26 and 28. CERD General Recommendation 31 (2005), paras. 31 and 32. See the Bangalore Principles of Judicial Conduct (Economic and Social Council resolution 2006/23, annex), value 5. 15-12578