WUNRN
UN SPECIAL RAPPORTEUR ON THE
INDEPENDENCE OF JUDGES & LAWYERS
REPORT OF SR INDEPENDENCE OF JUDGES
& LAWYERS TO THE UN 2013 - HIGHLY SIGNIFICANT FOR WOMEN:
RELEVANCE & ANALYSES OF THE
POSSIBILITIES OF PROVIDING LEGAL AID TO INDIVIDUALS WHO COME INTO CONTACT WITH
THE LAW BUT CANNOT AFFORD THE COSTS OF LEGAL ADVICE, COUNSEL, &
REPRESENTATION
The main goal of the report is to
encourage Member States to develop and implement effective and sustainable
legal aid schemes to enable individuals to exercise and enjoy a number of human
rights, including the right to to a fair trial and to an effective remedy.
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LEGAL AID, A RIGHT IN ITSELF - UN
SPECIAL RAPPORTEUR
GENEVA (30 May 2013) – The United Nations Special Rapporteur on the independence of judges and lawyers, Gabriela Knaul, today urged world governments to develop and sustain effective legal aid systems as an essential component of a fair and efficient justice system founded on the rule of law.
“Legal aid is both a right in itself and an essential precondition for the exercise and enjoyment of a number of human rights, including the rights to a fair trial and to an effective remedy,” said Ms. Knaul, presenting her latest report to the UN Human Rights Council. “It represents an important safeguard that contributes to ensuring the fairness and public trust in the administration of justice.”
“Legal aid should be as broad as possible,” she said, stressing that its aim “is to contribute to the elimination of obstacles and barriers that impair or restrict access to justice by providing assistance to people otherwise unable to afford legal representation and access to the court system.”
The human rights expert underlined that legal aid should not only include the right to free legal assistance in criminal proceedings, but also the provision of effective legal assistance in any judicial or extrajudicial procedure aimed at determining rights and obligations.
“States bear the primary responsibility to adopt all appropriate measures to fully realize the right to legal aid for any individual within its territory and subject to its jurisdiction,” the Special Rapporteur said. “Beneficiaries of legal aid should include any person who comes into contact with the law and does not have the means to pay for counsel.”
“The right to legal aid must be legally guaranteed in national legal systems at the highest possible level, possibly in the Constitution,” Ms. Knaul highlighted among the specific recommendations provided in her new report.
The independent expert also observed that it is up to the individual State to identify the model that can maximize access to free legal aid for all individuals within its territory and subject to its jurisdiction.
“Regardless of the structure of the legal aid programme or its formal status, it is of paramount importance that legal aid schemes be autonomous, independent, effective, sustainable and easily available in order to ensure that they serve the interests of those who need financial support to have access to justice on an equal basis with others,” she concluded.
Gabriela Knaul took up her functions as UN Special Rapporteur on the
independence of judges and lawyers on 1 August 2009. In that capacity, she acts
independently from any Government or organization. Ms. Knaul has a
long-standing experience as a judge in Brazil and is an expert in criminal
justice and the administration of judicial systems.
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III LEGAL AID
82. In order to guarantee equal and
effective access to legal aid to everyone, special measures should be developed
and taken to ensure meaningful access to legal aid for women, children, and
groups with special needs, including, but not limited to, the elderly,
minorities, persons with disabilities, persons with mental illnesses, persons
living with HIV and other serious diseases, drug users, indigenous and
aboriginal people, stateless persons, asylum seekers, foreign citizens,
migrants and migrant workers, refugees and internally displaced persons. Such
measures should address the special needs of these groups, including
gender-sensitive and age-appropriate measures.....
83. In a previous report, the
Special Rapporteur noted that legal services designed to meet the particular
needs of women were still rare, particularly for women living in poverty. In
the area of free legal aid, for example, the Special Rapporteur found that
women were in competition with men for resource allocations, and those
resources were in any case provided for a single type of service, regardless of
the fact that needs could differ. To improve access to legal aid for women,
Guideline 9 of the United Nations Principles and Guidelines recommends incorporating
a gender perspective into all policies, laws, procedures, programmes and
practices relating to legal aid; taking steps to ensure that, insofar as
possible, female defendants, accused and victims are assisted by female
lawyers; and providing legal aid, advice and court services in all legal
proceedings to female victims of violence so as to ensure access to justice and
avoid secondary victimization.
V. RECOMMENDATIONS
D. Legal aid for women, children and
groups with special needs
105. Recognizing that the lack of
public policies to eliminate obstacles to access to justice for all has a
greater impact on groups in a vulnerable situation or living in extreme
poverty, States should develop and implement appropriate policies to ensure
meaningful access to legal aid for women, children, and groups
with special needs.
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