United Nations Principles and Guidelines on Access to Legal Aid in Criminal Justice Systems

Legal aid is a complex issue that is usually dealt with by each country at the national level. In recent years, the European Union has tried to develop European standards on legal aid, but the issue has been so controversial that the Commission has not yet submitted anything. The principles include the concept of legal aid in the broadest sense, include legal advice, assistance and representation and indicate that there are different models for granting legal aid. These include public advocates, private lawyers, pro bono programs, bar associations, paralegals and others. But whatever model is chosen, States must guarantee the fundamental right to legal aid for a person suspected, arrested, accused or accused of a crime. For more information on the work of the Justice Initiative in the area of legal aid and the Global Campaign for Pre-Trial Justice, see: www.pretrialjustice.org On 20 December 2012, the United Nations General Assembly adopted principles and guidelines on access to legal aid in criminal justice systems. The principles and guidelines were clearly formulated with a keen sense of the controversies and difficulties surrounding the provision of legal aid around the world. They attempt to provide valuable detailed advice on best practices that, in some cases, go beyond what any international document has done before. There are several ways to get legal help, and not every step of a criminal proceeding requires the involvement of a properly trained lawyer, who is usually based in the city and too expensive for most people. Complementary models have been developed, such as paralegals, who have a basic knowledge of the law, legal system and procedures and play an important role in guaranteeing defendants` rights and an effective judicial system.

Access to a lawyer is the most important condition for suspects to exercise their rights. Studies confirm that detention undermines an effective legal defence and that there is an increased risk of compelling a statement or confession. However, since the majority of detainees come from poor and marginalized backgrounds, in most cases they cannot afford a lawyer. We have been interested in this subject for a long time. The lack of legal aid means that many suspects and defendants languish in detention, awaiting trial or sentencing because they do not have a lawyer or representative to help them apply for bail or prepare their case for trial. It is one of the main causes of overpopulation in a number of countries. For more information, see the MIC background paper, which sets out the main principles that should underpin the provision of legal aid, who should be involved in the development of legal aid services and what steps they should take. Basic legal services and advice should be accessible to all.

A new Open Society initiative is trying to make this a reality in nine target countries. The United Nations Principles and Guidelines on Access to Legal Aid in Criminal Justice Systems, adopted by the United Nations General Assembly in December 2012, are the first international legal aid instrument. This article examines the context and content of the Principles and Guidelines on Access to Legal Aid in Criminal Justice Systems adopted by the United Nations General Assembly in December 2012 to meet their objectives and potential. As with similar international agreements, the principles and guidelines are not legally binding and require the implementation of new legislative measures. This article stresses the urgent need for legal aid reform and raises realistic expectations as to what the international instrument can achieve in this regard. Highlighting the urgent need to reform legal aid systems, the debate cites the European Union as an example, given the extensive comparative analyses available and one of the objectives of the recent EU Roadmap on Criminal Procedure Rights is to improve access to legal aid. To further strengthen the argument, special attention will also be paid to legal aid issues in the United States, which will highlight some of the limitations of the principles and guidelines. It also outlines the way forward for the implementation of an earlier UN General Assembly resolution to articulate reasonable expectations about the approach to the principles and guidelines to ensure access to legal aid.

Legal aid is essential to guarantee the right to a fair trial and equality before the courts. The principles and guidelines are based on international standards and agreed best practices and provide guidance to all countries on how to establish an effective legal aid system, even if resources are limited. Victims and witnesses of crime are also entitled to legal aid in accordance with the Principles and Guidelines. There are also specific provisions on the right to legal aid for women and children. In December 2012, the United Nations General Assembly unanimously adopted the Principles and Guidelines on Access to Legal Aid in Criminal Justice Systems in Resolution A/RES/67/187. This briefing note provides the context and reasons why this soft law document is necessary to ensure access to justice. It also summarizes the content of the principles […] Auke Willems (LL.M(R), LL.M, LL.B) is a PhD student at the Vrije Universiteit Brussel, Belgium. He is a member of the research group Fundamental Rights and Constitutionalism. His research interests include European criminal justice, human rights law and international criminal law. Email: auke.willems@vub.ac.be.

Subject: UN Principles and Guidelines on Access to Legal Aid in Criminal Justice SystemsA step towards a universal guarantee of legal aid? The principles and guidelines also go beyond existing regional or international standards. They are also revolutionary and progressive, in part because of their very existence. Efforts to ensure that Kenya`s Nubian community can obtain proof of citizenship are being pursued both locally and through the African human rights system. Auke Willems; United Nations Principles and Guidelines on Access to Legal Aid in Criminal Justice Systems: A Step Towards a Global Legal Aid Guarantee?. New Criminal Law Review 1 May 2014; 17 (2): 184–219. doi: doi.org/10.1525/nclr.2014.17.2.184 Practical advice on the implementation of the principles and guidelines is available at:.