A/HRC/45/16 account the disparate impact of such measures upon vulnerable groups who already experience disadvantage (which often include women). 12 48. The common element of all these cases was that the individuals were women and the Working Group found that this was the key reason for their deprivation of liberty. The Working Group shares the view of the Working Group on discrimination against women and girls that women’s deprivation of liberty is a significant concern around the world and severely infringes upon their human rights. 13 As is clear from the above examples, such deprivation of liberty not only takes place in the criminal justice context, but women are also detained in the context of migration, in other administrative detention settings and in healthcare settings. 49. While the Working Group has made significant progress in considering the situation of women deprived of their liberty, there is scope for further analysis. In 2019, approximately 20 per cent of detainees whose situation was considered in the Working Group’s opinions were women.14 It is hoped that stakeholders will continue to bring the situation of detained women to the Working Group’s attention. B. Right to legal assistance in preventing arbitrary deprivation of liberty 50. The right to legal assistance is one of the key safeguards in preventing the arbitrary deprivation of liberty. In its jurisprudence, the Working Group has observed numerous breaches of this fundamental safeguard that have rendered the detention of a person arbitrary and wishes to highlight the importance of strict adherence to it. Noting the thirtieth anniversary of the Basic Principles on the Role of Lawyers, the Working Group calls upon all States to adhere to the principles contained therein 51. The right to legal assistance applies from the moment of deprivation of liberty and across all settings of detention, including criminal justice, 15 immigration detention, 16 administrative detention, detention in health-care settings17 (including in the context of public health emergencies 18 ), and detention in the context of migration. 19 This is essential to preserve the right of all those deprived of their liberty to challenge the legality of detention, which is a peremptory norm of international law. 20 Therefore, the right to legal assistance must be ensured from the moment of deprivation of liberty and, in the context of the criminal justice setting, prior to questioning by the authorities. 21 All persons deprived of their liberty must be made aware of their right to legal assistance from the moment of detention22 and should have access to legal aid services if they cannot afford such assistance themselves. 23 52. The right to legal assistance is also essential to preserve the right to fair trial, as it safeguards the principle of the equality of arms envisaged in articles 10 and 11 (1) of the Universal Declaration of Human Rights, article 14 (3) (b) and (d) of the International Covenant on Civil and Political Rights, article 7 (1) of the African Charter on Human and Peoples’ Rights, article 8 (2) of the American Convention on Human Rights and article 6 (3) (c) of the Convention for the Protection of Human Rights and Fundamental Freedoms (European Convention on Human Rights). It is therefore incumbent upon all States to ensure 12 13 14 15 16 17 18 19 20 21 22 23 Deliberation No. 11 (annex II of the present report), paras. 26–27. A/HRC/41/33, para. 12. See the table above on the opinions adopted at the eighty-fourth, eighty-fifth and eighty-sixth sessions of the Working Group. Basic Principles on the Role of Lawyers, paras. 1 and 5. Revised deliberation No. 5 (A/HRC/39/45, annex); see also opinion No. 2018/73, para. 63. Deliberation No. 7 (E/CN.4/2005/6, sect. II), para. 58; see also A/HRC/39/45/Add.2, para. 58. Deliberation No. 11, para. 19. See, for example, opinion No. 72/2017. United Nations Basic Principles and Guidelines on Remedies and Procedures on the Right of Anyone Deprived of Their Liberty to Bring Proceedings Before a Court, principles 8 and 9. Ibid., principle 9. See also A/HRC/39/45/Add.2, paras. 28–29. A/HRC/42/39/Add.1, para. 54, and A/HRC/39/45/Add.2, paras. 28–29. See also opinion No. 64/2019. A/HRC/42/39/Add.1, paras. 56–57. 25