The Council of Europe has adopted the first-ever international treaty aiming to protect the profession of lawyer. This is to respond to increasing reports of attacks on the practice of the profession, whether in the form of harassment, threats or attacks, or interference with the exercise of professional duties (for example, obstacles to access to clients).
Lawyers play a key role in upholding the rule of law and securing access to justice for all, including to vindicate possible human rights violations. They help uphold the rule of law by working to ensure that laws are applied fairly and consistently. Access to legal representation is, therefore, an essential element of the right to a fair trial.
The adoption of the Convention responds to mounting concerns over increasing attacks, threats, harassment, and intimidation of lawyers, as well as improper interference with their professional activities. Lawyers handling sensitive or high-profile cases — especially those involving human rights, criminal defence, or politically sensitive matters — are particularly vulnerable to harassment and intimidation tactics aimed at deterring them from representing certain clients or pursuing certain types of cases. Such tactics may include smear campaigns, surveillance, and other forms of psychological pressure. In the worst cases, lawyers may face threats to their personal safety. Interference with lawyers’ work can take many forms, such as attempts by state authorities or private actors to influence judicial proceedings or efforts to undermine lawyer-client confidentiality. The ability of lawyers to carry out their professional activities may also be undermined by harassment, bias, and negative stereotypes associated with their membership — or perceived membership — in certain social groups.
When lawyers are prevented from performing their professional duties, it directly and adversely affects their clients’ rights to a fair trial and access to justice. This is particularly critical for vulnerable groups, who often face additional barriers to legal representation. Lawyers who defend unpopular causes or clients may also face both professional and personal stigma, which can impact their practice and overall well-being. In some cases, there is insufficient support or inadequate response from authorities to protect lawyers in such situations; worse, in some instances, public criticism or discrediting of lawyers may even come from state actors. Such failures contribute to creating a hostile environment for the profession.
All of this highlights the urgent need for a structured legal framework to ensure that lawyers can carry out their professional duties without fear of interference, intimidation, or harm. This is the central purpose of the Convention, recognising that for the rule of law and the protection of fundamental rights and freedoms to be upheld, lawyers must be able to practice freely and safely in the interests of their clients.
The Convention addresses the right to practice law, professional rights, freedom of expression, professional ethics, and specific protective measures for lawyers and professional associations. Under the Convention, states must guarantee that lawyers are able to perform their professional duties free from physical attacks, threats, harassment, intimidation, and any improper interference or obstruction. States must also ensure that professional associations of lawyers can operate as independent and self-governing bodies.
The Convention is expected to be opened for signature on 13 May, during the meeting of the Council of Europe’s foreign ministers in Luxembourg. It will enter into force once it has been ratified by at least eight countries, including six Council of Europe member states. Compliance with the Convention will be monitored by an expert body.
Lawyers play a key role in upholding the rule of law and securing access to justice for all, including to vindicate possible human rights violations. They help uphold the rule of law by working to ensure that laws are applied fairly and consistently. Access to legal representation is, therefore, an essential element of the right to a fair trial.
The adoption of the Convention responds to mounting concerns over increasing attacks, threats, harassment, and intimidation of lawyers, as well as improper interference with their professional activities. Lawyers handling sensitive or high-profile cases — especially those involving human rights, criminal defence, or politically sensitive matters — are particularly vulnerable to harassment and intimidation tactics aimed at deterring them from representing certain clients or pursuing certain types of cases. Such tactics may include smear campaigns, surveillance, and other forms of psychological pressure. In the worst cases, lawyers may face threats to their personal safety. Interference with lawyers’ work can take many forms, such as attempts by state authorities or private actors to influence judicial proceedings or efforts to undermine lawyer-client confidentiality. The ability of lawyers to carry out their professional activities may also be undermined by harassment, bias, and negative stereotypes associated with their membership — or perceived membership — in certain social groups.
When lawyers are prevented from performing their professional duties, it directly and adversely affects their clients’ rights to a fair trial and access to justice. This is particularly critical for vulnerable groups, who often face additional barriers to legal representation. Lawyers who defend unpopular causes or clients may also face both professional and personal stigma, which can impact their practice and overall well-being. In some cases, there is insufficient support or inadequate response from authorities to protect lawyers in such situations; worse, in some instances, public criticism or discrediting of lawyers may even come from state actors. Such failures contribute to creating a hostile environment for the profession.
All of this highlights the urgent need for a structured legal framework to ensure that lawyers can carry out their professional duties without fear of interference, intimidation, or harm. This is the central purpose of the Convention, recognising that for the rule of law and the protection of fundamental rights and freedoms to be upheld, lawyers must be able to practice freely and safely in the interests of their clients.
The Convention addresses the right to practice law, professional rights, freedom of expression, professional ethics, and specific protective measures for lawyers and professional associations. Under the Convention, states must guarantee that lawyers are able to perform their professional duties free from physical attacks, threats, harassment, intimidation, and any improper interference or obstruction. States must also ensure that professional associations of lawyers can operate as independent and self-governing bodies.
The Convention is expected to be opened for signature on 13 May, during the meeting of the Council of Europe’s foreign ministers in Luxembourg. It will enter into force once it has been ratified by at least eight countries, including six Council of Europe member states. Compliance with the Convention will be monitored by an expert body.
