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
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