Highlighting the role of the notary as guarantor of the rights of persons, especially the most vulnerable: summary report of the World Congress of Law


Highlighting the role of the notary as guarantor of the rights of persons, especially the most vulnerable: summary report of the World Congress of Law


On 19 and 20 February 2019 was held in Madrid (Spain), the World Law Congress organized by the World Jurist Association.

The Congress brought together speakers from over 70 different nationalities and five continents as well as over 1500 participants in total.

Among the various events planned during these days on the theme "Constitution, democracy and freedom. The rule of law, guarantor of freedom", the Notariat expressed itself in a round table on “The Notarial Public Faith as Space of Freedom & Justice”. 

The President of the International Union of Notaries (UINL), José Marqueño de Llano, participated as a moderator in this round table with particular attention to the person and especially the most vulnerable.

The President of the UINL Human Rights Commission, Almudena Castro-Girona, spoke about the legal protection of the most vulnerable: "Notarial intervention guarantees that citizens can exercise their rights, whatever their status, race, nationality, ideology, gender, opinion or any personal or social circumstance, and in particular works to protect people, above all those in a situation of vulnerability".

More specifically, UINL vice-president Sigrun Erber-Faller stressed the importance of combating gender discrimination: "The weaker the position of a party, the more serious the consequences of the discrimination will be. Women, who are often in a lesser economic, legal and social position, are specifically entitled to the notarial function of protection".

Catalina Devandas, UN Special Rapporteur on the Rights of Persons with Disabilities, has renewed her trust to the Notariat as a leader body in the process of fully recognizing the legal capacity of people with disabilities under the UN Convention of 2006.

Prita Miranti Suyudi (Indonesia) focused her intervention on the legal protection of minors in her country:  "Where there are legal acts involving children, the Notary's main obligation is to guarantee the protection and security of their rights."

On the same theme, Yolande Foldah-Kouassi, President of the Chamber of Notaries of Côte d'Ivoire, exposed the tragedy of children without identity and the contribution of the Notariat to their regularization: "There are 230 million minors in this situation in the world.” Without a recognized and registered identity, these children cannot access basic public services such as health or education and become victims of abuse of all kinds. The Notariat of Côte d'Ivoire, in collaboration with the French Notariat Association and in cooperation with UNICEF, participates in legislative reforms and action plans to alleviate this situation.

The President of the Spanish Notariat, José Ángel Martínez Sanchiz, analyzed in detail the notarial function: “The public notarial service is a channel for justice, contractual freedom, the enjoyment of rights and fulfilment of duties. It is a public good".

The representative of the National Association of Notaries in China, Qi Xiangchun, concluded by highlighting the benefits of the implementation of the notarial system of preventive legal certainty in his country for access to property: “Notarial intervention, as a universal preventive legal system, performs an important function in avoiding disputes and reducing litigation. In the specific case of China, notaries are seen as the main protectors of private rights."

Finally, the honorary notary Juan Bolás participated as rapporteur on this discussion panel.

Website of the event

Press release from the Spanish Notariat

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