Council of Europe Adopts Landmark Treaty to Protect Lawyers

In a historic step toward reinforcing the rule of law, the Council of Europe has adopted the first-ever international treaty dedicated to safeguarding lawyers and their professional independence. The Convention for the

Protection of the Profession of Lawyer is a response to mounting concerns over the threats, harassment, and interference faced by legal professionals worldwide.

By ensuring that lawyers can perform their duties without fear or undue pressure, the treaty strengthens access to justice and democratic principles.

A Profession Under Threat

Lawyers play a crucial role in upholding justice, advocating for human rights, and representing individuals against state power. Yet, across the globe, they increasingly find themselves targeted subject to physical attacks, politically motivated prosecutions, and restrictions designed to silence dissent. Particularly in cases involving human rights, criminal defense, or political opposition, lawyers are often treated as extensions of their clients rather than as independent professionals.

The new Convention acknowledges these risks and sets out a framework to protect both individual lawyers and their professional associations, ensuring they can function autonomously and free from intimidation.

What the Treaty Guarantees

The Convention enshrines key protections to reinforce legal independence:

• Freedom to Practice: Lawyers must be able to enter, remain in, and re-enter the profession based on fair, transparent, and objective criteria.

  
  

• Right to Defend Clients: Legal professionals should have unrestricted access to their clients, including those in detention, and be free to choose whom they represent.

  
  

• Freedom of Expression: Lawyers and their associations have the right to speak publicly on legal and justice-related matters without fear of retribution.

  
  

• Fair Disciplinary Proceedings: Any disciplinary actions against lawyers must be handled impartially, with due process and free from political interference.

  
  

• Protection from Threats and Attacks: States are obliged to take concrete measures to prevent and address violence, intimidation, or harassment targeting lawyers.

  
  

Independence of Professional Associations: Legal associations must function as self-governing bodies, shielded from state control or undue external influence.

A dedicated Group of Experts on the Protection of the Profession of Lawyer (GRAVO) will oversee the implementation of the treaty, monitoring compliance and addressing violations. Additionally, a Committee of the Parties, comprised of representatives from ratifying states, will work to ensure adherence and foster cooperation.

Next Steps

The treaty will be formally opened for signature on 13 May 2024, at the Council of Europe’s Foreign Affairs Ministers' meeting in Luxembourg. For it to take effect, at least eight countries, including six Council of Europe member states, must ratify it.

This Convention represents a decisive step in protecting the legal profession from undue pressure, ensuring that lawyers can serve justice without fear. As states move toward ratification, the treaty has the potential to reshape legal protections and reinforce the fundamental pillars of democracy.

For further details, visit the Council of Europe official website: Council of Europe.