developing domestic public policy that complies with generally accepted international human rights standards and principles. The Basic Principles on the Role of Lawyers The UN provide specific substance to the due Principles on the Role of Lawyers process guarantees recognized in the UDHR and the ICCPR. The Preamble and Articles 1, 2, 3 & 6 of the articulate the duty to ensure Basic Principles on the Role of Lawyers equal access to lawyers and provide sufficient funding for legal services to the poor and other disadvantaged persons as part of States’ duties to ensure adequate human rights protection. […] Whereas adequate protection of the human rights and fundamental freedoms to which all persons are entitled, be they economic, social and cultural, or civil and political, requires that all persons have effective access to legal services provided by an independent legal profession […] All persons are entitled to call upon the assistance of a lawyer of their choice to 1. protect and establish their rights and to defend them in all stages of criminal proceedings. 2. Governments shall ensure that efficient procedures and responsive mechanisms for effective and equal access to lawyers are provided for all persons within their territory and subject to their jurisdiction, without distinction of any kind, such as discrimination based on race, colour, ethnic origin, sex, language, religion, political or other opinion, national or social origin, property, birth, economic or other status. 3. Governments shall ensure the provision of sufficient funding and other resources for legal services to the poor and, as necessary, to other disadvantaged persons. Professional associations of lawyers shall cooperate in the organization and provision of services, facilities and other resources. 6. Governments shall ensure that all persons are immediately informed by the competent authority of their right to be assisted by a lawyer of their own choice upon arrest or detention or when charged with a criminal offence. 7. Governments shall further ensure that all persons arrested or detained, with or without criminal charge, shall have prompt access to a lawyer, and in any case not later than forty-eight hours from the time of arrest or detention. United Nations Principles and Guidelines on Access to Legal Aid in Criminal Justice Systems The United Nations Principles and Guidelines on Access to Legal Aid in Criminal Justice (Principles represent the first international instrument dedicated Systems and Guidelines)
developing domestic public policy that complies with generally accepted international human rights standards and principles. The Basic Principles on the Role of Lawyers The UN Principles on the Role of Lawyers provide specific substance to the due process guarantees recognized in the UDHR and the ICCPR. The Preamble and Articles 1, 2, 3 & 6 of the Basic Principles on the Role of Lawyers articulate the duty to ensure equal access to lawyers and provide sufficient funding for legal services to the poor and other disadvantaged persons as part of States’ duties to ensure adequate human rights protection. […] Whereas adequate protection of the human rights and fundamental freedoms to which all persons are entitled, be they economic, social and cultural, or civil and political, requires that all persons have effective access to legal services provided by an independent legal profession […] 1. All persons are entitled to call upon the assistance of a lawyer of their choice to protect and establish their rights and to defend them in all stages of criminal proceedings. 2. Governments shall ensure that efficient procedures and responsive mechanisms for effective and equal access to lawyers are provided for all persons within their territory and subject to their jurisdiction, without distinction of any kind, such as discrimination based on race, colour, ethnic origin, sex, language, religion, political or other opinion, national or social origin, property, birth, economic or other status. 3. Governments shall ensure the provision of sufficient funding and other resources for legal services to the poor and, as necessary, to other disadvantaged persons. Professional associations of lawyers shall cooperate in the organization and provision of services, facilities and other resources. 6. Governments shall ensure that all persons are immediately informed by the competent authority of their right to be assisted by a lawyer of their own choice upon arrest or detention or when charged with a criminal offence. 7. Governments shall further ensure that all persons arrested or detained, with or without criminal charge, shall have prompt access to a lawyer, and in any case not later than forty-eight hours from the time of arrest or detention. United Nations Principles and Guidelines on Access to Legal Aid in Criminal Justice Systems The United Nations Principles and Guidelines on Access to Legal Aid in Criminal Justice Systems (Principles and Guidelines) represent the first international instrument dedicated
Right-to-Legal-Aid.BC-Fails-International-obligations.9.July_.2014.LRWC_.2.docx