A/HRC/29/26 39. The Special Rapporteur believes it is essential that States adopt special measures to ensure children’s meaningful access to legal aid that address their special needs and take into account their best interests.11 Such measures should prioritize legal aid for children and should render legal aid “accessible, age-appropriate, multidisciplinary, effective and responsive to the specific legal and social needs of children”. 12 40. For this purpose, lawyers’ codes of conduct should provide specific guidance regarding the representation of children (including concerning the nature of the relationship between the lawyer and child and the possible conflict between the duty of representation and the duty to act in the child’s best interest). Lawyers must be aware that they represent exclusively the interests of the child and not the interests of other persons, such as parents, institutions or bodies. They should be trained in children’s law and in child and adolescent development and able to communicate effectively with children and their legal guardians. 41. As noted in a previous report, where there is a shortage of qualified lawyers, “the provision of legal aid services may also include non-lawyers or paralegals” (A/HRC/23/43, para. 56). According to the United Nations Principles and Guidelines on Access to Legal Aid in Criminal Justice Systems, the role played by paralegals in providing legal aid services where access to lawyers is limited should be recognized by the State. 42. Paralegals can complement the work of lawyers or work independently providing legal assistance that does not need to be provided by a lawyer. They could be paid professionals, but in many societies they are volunteers. Paralegals can often provide an essential link to the communities and groups they serve, as they often come from these very communities and they often know first-hand the language, the culture and the conditions in which the communities live and function, and the particular legal challenges they are facing. Using paralegals to deliver legal services and supplement the work of lawyers can prove extremely cost-effective. 43. Paralegals are often in a better position than lawyers to provide legal services tailored to the needs of specific communities and groups. In many countries, lawyers can be unaware of those specific needs, or even worse they may be uninterested in dealing with the specific communities. In a large number of countries, qualified lawyers are simply lacking. Under all these circumstances and more, paralegals can play an important role in bridging the gaps between the communities and the judicial system, thereby contributing to increased access to justice. 44. The Special Rapporteur wishes to underline that when use is made of paralegals, national legislation should ensure that minimum quality standards for their services are met and that the types of legal services they may provide are specified. For this purpose paralegals must be given appropriate training opportunities and, in some cases, operate under the supervision of a qualified lawyer (A/HRC/23/43, para. 56). In particular, paralegals “must have sufficient knowledge and understanding of the various legal aspects of the process of juvenile justice and must be trained to work with children in conflict with the law”.13 3. Informal justice systems 45. In many parts of the world, informal justice systems “form a key part of individuals’ and communities’ experience of justice and the rule of law, with over 80 11 12 13 The United Nations Principles and Guidelines on Access to Legal Aid in Criminal Justice Systems include a list of special measures for the provision of legal aid to children, paras. 53–59. Ibid. para. 35. General comment No. 10 (2007), para. 49. 9

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