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.
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