“The right to legal aid must be guaranteed by law in national legal systems at the highest possible level, possibly in the constitution,” Knaul stressed among the specific recommendations of his new report. 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. 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. The human rights expert stressed that legal aid should include not only the right to free legal aid in criminal proceedings, but also the provision of effective legal aid in all judicial or extrajudicial proceedings aimed at determining rights and obligations. The Global Legal Aid Study consists of three publications: (i) the Global Report, which contains data, findings and recommendations on access to and provision of legal aid services worldwide; (ii) case studies (in preparation) containing an in-depth analysis of the state of legal aid in 8 countries; and (iii) country profiles, which contain information on various aspects of legal aid in 49 countries. 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. The independent expert also noted that it was up to each State to identify the model that could maximize access to free legal aid for all persons within its territory and jurisdiction. It is the first international legal aid instrument.
It brings us one step closer to universal access to human rights – rights that remain illusory if they are only accessible to those with financial resources. “Legal aid should be as broad as possible,” she said, stressing that its goal is to “contribute to the removal of barriers and barriers that impede or restrict access to justice by supporting people who otherwise cannot afford legal representation and access the justice system.” This issue presents lessons learned and reflections on how legal frameworks, including decriminalization, can be integrated into the implementation of key legal obligations. Legal aid is a key component of access to justice. It is also at the heart of the gender equality imperative and the overarching goal of the 2030 Agenda: leaving no one behind. Access to legal aid means access to justice for the poor, marginalized and disadvantaged. It is free and protects those who do not have the means to defend their rights in the criminal justice system: inmates, inmates or inmates; persons suspected, accused or accused of a criminal offence; and victims and witnesses. Legal aid helps these people navigate the justice system, which can be complicated and overwhelming. It has an impact on families and communities by helping to reduce the length of time suspects are detained, the number of wrongful convictions, the frequency of bribery and mismanagement of the justice system, as well as recidivism and victimization rates. In times of crisis, access to legal aid is crucial to protect people`s rights, facilitate their access to basic services and ensure that States` implementation of emergency measures complies with international human rights standards. 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. On 20 December 2012, the United Nations General Assembly adopted principles and guidelines on access to legal aid in criminal justice systems. The United Nations Development Programme and the United Nations Office on Drugs and Crime conducted the Global Study on Legal Aid to better understand how the right to legal aid in civil, criminal and administrative matters has been defined and addressed worldwide. The Global Survey is the first attempt by the international community to collect and provide a comprehensive overview of the state of legal aid worldwide. It provides valuable information on a number of common priorities that countries face when it comes to improving people`s access to effective mutual legal assistance services. 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. 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. United Nations Commission on Crime Prevention and Criminal Justice: In 2016, the United States introduced a landmark resolution at the United Nations Commission on Crime Prevention and Criminal Justice (United Nations Commission on Crime Prevention (United Nations Commission on Crime Prevention) that promotes access to defence for the poor. including the creation of a global network of defence lawyers. Resolution 25/2: The promotion of legal aid, including through a network of mutual legal aid providers, builds on previous international activities, in particular the adoption by the United Nations General Assembly in December 2012 of the United Nations Principles and Guidelines on Access to Legal Aid in Criminal Justice Systems (A/RES/67/187), which was itself co-sponsored by the United States.
The resolution promotes access to mutual legal assistance in criminal justice matters and translates Sustainable Development Goal 16 on peace, security and access to justice adopted as part of the 2030 Agenda for Sustainable Development into new tools, guidelines and policy support for poor defence providers by promoting cooperation. The data and results of the Global Survey are based on survey responses from UN Member States and independent national experts in 106 countries – representing more than half (53%) of the world`s countries – in all regions of the world and all development contexts. The findings and recommendations of the Global Study can help legislators, policy makers and other national and international stakeholders working in the field of access to legal aid to identify priorities for technical assistance and provide evidence-based recommendations on how to strengthen the provision of legal aid services to empower people to seek justice and protect their rights.