Guidelines on strengthening gender equality in notarial practices, South-East Europe

In the Western Balkans, notaries are public officials appointed by the State to confer authenticity on legal deeds and contracts contained in documents drafted by them or presented for authentication to them and to advise persons who call upon their services. These services include all judicial activities in non-contentious matters, affording legal certainty to clients . Notaries are also a part of the preventive administration of justice. The involvement of notaries in contracts and inheritance proceedings is regulated in national law, and, while there are variations across legal systems, their functions include the protection of constitutionally guaranteed rights and the application of the broader legal framework. This puts them in a privileged position to accelerate the realisation of de facto gender equality in land ownership and control, making them important agents of change. The procedure of full or partial notarial authentication is considered as one of the effective ways to protect the property rights in general and address equality through lending adequate assistance to whichever of the parties might be in a position of inferiority. National chambers of notaries are members of the International Union of Notaries (UINL) which promotes, co-ordinates and develops the functions and activities of notaries across the world. The UINL has developed Principles of notarial ethics which, among other important premises, emphasize the duty of notaries to exercise due diligence when carrying out their professional duties. By extension, this principle requires notaries to apply the law, including by ensuring that they uphold gender equality in their professional activities. In the region, all national laws on notaries follow the UINL principles. Besides, national chambers of notaries have developed their own Codes of Ethics which mirror these principles. The role of the notary as an independent and impartial public servant with the competences to advise the parties on the rights and obligations arising from the legal deed to be concluded, as well as protect the overall legal system, is set forward by the national laws. The UINL Principles of notarial ethics therefore offer a sound basis to guide notaries in strengthening gender equality in their daily activities. Following these principles, a notary’s duty is to ensure that the rights and interests of all parties to a contract are identified, respected and protected. The notary’s impartiality imposes the duty of providing adequate information and advice to protect the rights and interests of all parties, particularly those who are vulnerable or at a disadvantage. Notaries are sworn by oath and bound by law to exercise due diligence in the services that they provide, identify potential infringements of the weaker party’s rights that are guaranteed by the law. It is a notary’s duty not only to identify the risks associated with certain services and the consequences of not addressing those risks, but also to recommend an approach in order to address risks that he/she has detected. These guidelines are intended as a practical assistance document that notaries can use to strengthen gender equality in the services that they provide. It offers quick and easy steps, and checklists to help notaries exercise due diligence in the services they provide under the law, by identifying and protecting the rights of all women and daughters with a legal interest in the service. It also provides additional information for notaries wishing to enhance their knowledge and understanding of the gender implications of the services they provide, and tips on how to engage in advocacy. The guidelines are without prejudice to notaries’ legal duties according to the national laws in force.