International Lawyers’ Day, commemorated on 3rd February, is an occasion to reflect on the role of legal professionals in promoting justice and defending human rights. Their contribution serves as a counterweight to abuses of power and impunity, reinforcing the development of more democratic and equitable societies.
At the same time, this day underscores the challenges faced by human rights defenders in hostile environments. These individuals face threats, judicial persecution, and risk their freedom—even their lives—in the name of fundamental principles such as equity, human dignity, and respect for the rule of law.
A recent example of the challenges they face is Strategic Lawsuits Against Public Participation (SLAPPs). These legal actions, designed to silence criticism and obstruct the work of human rights defenders and journalists, represent an increasing threat to freedom of expression.
In this regard, FIBGAR led the PATFox project (Pioneering Anti-SLAPP Training for Freedom of Expression), which designed, developed, and implemented the first anti-SLAPP training programme in Europe. Thanks to this initiative, more than two hundred legal professionals in eleven European countries were trained to address these challenges, strengthening legal capacities to protect freedom of expression.
This highlights the crucial need to protect legal professionals, particularly those engaged in human rights defence—a principle acknowledged by the international community. Various instruments and mechanisms have been developed to guarantee their safety and independence:
- Basic Principles on the Role of Lawyers. Adopted in 1990 at the Eighth United Nations Congress on the Prevention of Crime and the Treatment of Offenders. It formulates principles to assist Member States in their task of promoting and ensuring the proper role of lawyers by establishing fundamental standards for the legal profession. As part of the guarantees for the exercise of the profession, governments must ensure that lawyers:
- Conduct their work without intimidation, obstacles, harassment, or undue interference.
- Travel and communicate freely with their clients both within and outside the country.
- Are not subject to administrative, economic, or other persecution or sanctions because of their professional work.
- Declaration on Human Rights Defenders. This declaration was adopted by consensus by the General Assembly in 1998. It identifies human rights defenders as individuals or groups who act to promote, protect, or strive for the protection and realization of human rights and fundamental freedoms through peaceful means. It also recognizes the key role of human rights defenders in the realization of the human rights enshrined in the Universal Declaration of Human Rights, legally binding treaties and in the international human rights system.
- Special Rapporteur on human rights defenders. This mandate was established in 2000 by the Commission on Human Rights. The Special Rapporteur is mandated to promote the effective implementation of the UN Declaration on Human Rights Defenders, recommend effective strategies to better protect defenders, and follow up on these recommendations. Additionally, it integrates a gender perspective, with particular focus on women human rights defenders, many of whom are lawyers and journalists.
- Resolution 22/6 Protecting human rights defenders. This resolution, adopted by the Human Rights Council in 2013, urges States to create a safe and enabling environment for human rights defenders, including measures to prevent reprisals and ensure their security.
- Report of the Special Rapporteur on the Independence of Judges and Lawyers: ‘Safeguarding the Independence of Judicial Systems in the Face of Contemporary Challenges to Democracy’. This report, published in June 2024, underlines the importance of States ensuring the free and unrestricted exercise of the legal profession. Legal practitioners play a key role in upholding the rule of law and the protection of fundamental rights.
- European Convention on the protection of the profession of lawyer. At the European level, in September 2024, the Council of Europe’s Committee of Experts on the Protection of Lawyers (CJ-AV) finalised the drafting of this Convention, which is expected to be adopted in the first half of 2025. It is a binding legal instrument, with no reservations permitted, designed to ensure that lawyers can practice the profession without fear, prejudice or improper restraint.
In the current context, marked by the resurgence of anti-democratic threats, the role of legal professionals is more critical than ever. States have the responsibility to ensure safe conditions for the practice of law.
Furthermore, it is crucial that civil society, international organisations, and lawyers work together to:
- Raise awareness of the challenges faced in the defence of human rights.
- Demand legal frameworks that safeguard their independence and strengthen protection mechanisms.
- Support global initiatives, such as training programs, to counter SLAPPs and other legal threats.
Ultimately, International Lawyers’ Day is a reminder of the importance of the legal profession, particularly evident in the human rights context. Legal practitioners not only represent the most vulnerable communities but also promote equal access to justice.
A strong and urgent commitment is required from States, organisations, and society to protect those who protect. We must ensure the safety, independence, and recognition of the legal profession as fundamental pillars of democracy and human rights.
Mariana Larrosa, collaborator of FIBGAR
