and national human rights institutions are based on merit and capability.37 Recruitment and promotion criteria must also be fully justifiable for the function or judicial office in question and not create unnecessary obstacles for minorities and minority women by, for instance, recruiting judges from a limited group of experienced advocates or lawyers, which generally tends to favour men from the majority. This requires defining a set of competencies expected from successful candidates, accessible to the public, against which applicants and staff applying for promotion can be evaluated.38 Reviewing selection and interview procedures for possible bias against minorities (and female minorities in particular) is another useful measure.39 For instance, some countries have noted that the use of competitive examinations to select judges is fairer to women than basing recruitment on experience in the legal profession. Quotas – the practice of allocating places for members of particular groups to be filled during a selection or promotion process – represents another policy option to increase minority participation in judicial and national human rights institutions. However, the use of quotas can give rise to complaints of unfairness and lowering standards.40 Quotas are, nonetheless, appropriate for transitional periods and in the context of comprehensive reforms (for example, in postconflict settings) of the judicial system and national human rights institutions. In such instances, quotas help to achieve the aim of representativeness at the outset, thereby enhancing the legitimacy of new institutions. In addition to the points made above, recruitment for judicial office, as well as promotion within the judiciary, should be done by open competition under the auspices of an independent selection board or a standing judicial oversight body independent from the government. Relevant legal practitioners and experts should be included in the selection and promotion processes, as well as persons holding judicial office.41 Policies to increase the recruitment and promotion of minorities and minority women should fully respect judicial 37 38 39 40 41 26 Council of Europe (1994) Recommendation No. R (94) 12 of the Committee of Ministers to Member States on the Independence, Efficiency and Role of Judges (Adopted by the Committee of Ministers at the 518th meeting of the Ministers’ Deputies), Principle I, paragraph 2.c. OSCE ODIHR (2010) Kyiv Recommendations on Judicial Independence in Eastern Europe, South Caucasus and Central Asia, paragraphs 21 to 23. UN Human Rights Council (2013) Resolution 23/6 on the Independence and impartiality of the judiciary, jurors and assessors, and the independence of lawyers, paragraph 2. Council of Europe, Advisory Committee on the Framework Convention for the Protection of National Minorities (2008) Commentary on the Effective Participation of Persons Belonging to National Minorities in Cultural, Social and Economic Life and in Public Affairs, paragraphs 122 and 123. Venice Commission of the Council of Europe (2007) Judicial Appointments (Report adopted by the Venice Commission at its 70th Plenary Session), paragraphs 27–31. The Graz Recommendations on Access to Justice and National Minorities