independence and not be made at the expense of the basic criterion of merit.42 Positive action, consisting of giving preference to candidates from minority communities, is appropriate in cases of candidates of equal merit. iv. Introduce policies to retain personnel from minority communities in the judicial system and national human rights institutions Over time, recruitment and promotion policies underpinned by independence, fairness and transparency should increase diversity in the judicial system and national human rights institutions. Nonetheless, attention should also be paid to fostering a working environment that accepts diversity and welcomes persons belonging to minority communities, including minority women. Unless this is achieved, there is a significant risk that national minorities will not remain in their employment in these institutions. For instance, action should be taken to stop and sanction discriminatory practices in the workplace, while respect should be shown for minority identities in matters of dress, language, diet and religion when they comply with human rights standards. As discussed in Recommendation 4, facilities, as well as the images, emblems, flags and other symbols displayed on uniforms and in police stations, prisons, courts, tribunals, prosecutions offices, enforcement agencies and national human rights bodies, should be appropriate for the administration of justice and should not unnecessarily cause offence to and provoke tensions with national minorities employed in these organizations. Equal treatment in the workplace, mentoring initiatives, opportunities for professional development and effective internal complaints mechanisms, supported by the organization’s leadership, will go a long way towards ensuring that national minorities feel respected and accepted. The measures suggested above often require a shift in the organizational culture of the judicial system and perhaps even national human rights institutions, and call for the development of multicultural and service-oriented institutions. Leadership, sustained effort, skilled management and appropriate diversity training are key ingredients to ensure that such a change is positive, sustainable and contributes to building trust with all communities. Lastly, disaggregated data should be collected, with due consideration given to data protection and the right to self-identification, to measure progress in achieving diversity targets in the judicial system and national human rights institutions. 42 Venice Commission of the Council of Europe (2007) Judicial Appointments (Report adopted by the Venice Commission at its 70th Plenary Session), paragraph 37. The Graz Recommendations on Access to Justice and National Minorities 27

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