increases public confidence in the fairness of the courts, which in turn can act
as a bulwark against conflict and radicalization. For these reasons, increasing the
representativeness of the judicial system and national human rights institutions
should be regarded as a priority.34
Achieving diversity in the judicial system and national human rights bodies requires
a sustained effort on the part of the State to put in place and implement policies
that will make these bodies a desirable place of employment for minorities,
including minority women, and to remove discriminatory hurdles during the
recruitment process. Measures should aim to enhance not only the hiring, but
also the promotion and retention of minorities, in the judicial system and national
human rights institutions. It should be emphasized, however, that in the case of
the judiciary, such policies will need to be tailored to respect the principle of judicial
independence. This is in line with the 1990 Copenhagen commitments, which state
that “the independence of legal practitioners will be recognized and protected, in
particular as regards conditions for recruitment and practice.”35
National minorities can be underrepresented in the judicial system and national
human rights institutions for a variety of reasons. These include negative previous
experience with these institutions, discrimination in recruitment and promotion, lack
of relevant qualifications, inadequate knowledge of State and/or official languages
and lack of information about professional opportunities in these bodies. The
reasons for this lack of diversity vary in each situation, and States should devote
time and resources to understand the precise causes of underrepresentation of
minorities and of minority women in particular in the judicial system and national
human rights institutions. Disaggregated data collection according to relevant
criteria, such as ethnicity, language and gender, should be a regular and integral
part of this effort, with due consideration given to data protection issues.36 Special
measures can then be designed and implemented to tackle systemic obstacles
to diversity and achieve targets for recruitment and promotion. It is important to
underline that such measures should not lower standards for minorities at the
34
35
36
24
OSCE Office for Democratic Institutions and Human Rights (ODIHR) (2010) Kyiv Recommendations on
Judicial Independence in Eastern Europe, South Caucasus and Central Asia, paragraph 24.
OSCE (1990) Document of the Copenhagen Meeting of the Conference on the Human Dimension of the
CSCE, paragraph 5.13.
See United Nations Economic Commission for Europe (2006) Conference of European Statisticians
Recommendations for the 2010 Censuses of Population and Housing; Council of Europe (1981)
Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data (CETS
No. 108); Council of Europe (1997) Recommendation No. R 97 (18) of the Committee of Ministers to
Member States Concerning the Protection of Personal Data Collected and Processed for Statistical
Purposes (Adopted by the Committee of Ministers on 30 September 1997 at the 602nd Meeting of the
Ministers’ Deputies); and HCNM (2012) Ljubljana Guidelines, explanatory note to Guideline 15.
The Graz Recommendations on Access to Justice and National Minorities