A/HRC/23/43
I. Introduction
1.
The present report is submitted in accordance with Human Rights Council
resolution 17/2.
2.
Following a brief outline of the activities carried out by the Special Rapporteur on
the independence of judges and lawyers in 2012, the thematic section of the present report
focuses on legal aid. It consists of three parts: the first part highlights existing international
human rights standards relating to legal aid; the second part focuses on the normative
content of the right to legal aid, and reviews the jurisprudence of human rights treaty bodies
and regional courts on this issue; while the third part contains an analysis of the legislative,
judicial, administrative, budgetary, educative and other measures that States are required to
take in order to give effect to the right to legal aid in their domestic order.
3.
The Special Rapporteur notes that an independent judiciary should guarantee an
efficient and effective administration of justice for all, without discrimination of any kind,
such as on the basis of race, colour, sex, language, religion, political or other opinion,
national or social origin, property, birth or other status, in order to protect and enforce
human rights equally. Legal aid is an essential component of a fair and efficient justice
system that is founded on the rule of law and, as such, it represents an important safeguard
that contributes to ensuring the fairness and public trust in the administration of justice.
4.
Despite the above, the implementation of legal aid systems remains a challenge for
many States, either because the definition of legal aid and the established eligibility criteria
pose excessive restrictions on the kinds of service available or because States lack expertise
and financial resources to implement effective schemes.
5.
In the present report, the Special Rapporteur addresses these challenges and
proposes a number of solutions, encouraging States to establish effective and sustainable
legal aid systems aimed at guaranteeing the exercise and enjoyment of a number of human
rights, including the rights to a fair trial and to an effective remedy. The analysis,
conclusions and recommendations made by the Special Rapporteur are based on
international human rights standards, which, together with national legislation, may provide
adequate guidance on how to face the challenges relating to legal aid and ensure that all
have access to it.
II. Activities in 2012
A.
Country visits and communications with Member States
6.
The Special Rapporteur carried out official visits to Pakistan, from 19 to 29 May
2012 (A/HRC/23/43/Add.2), El Salvador, from 19 to 26 November 2012
(A/HRC/23/43/Add.1), and Maldives, from 17 to 24 February 2013 (A/HRC/23/43/Add.4)
at the invitation of the respective Governments.
7.
The Special Rapporteur addressed requests for official visits to the Governments of
Bangladesh, Fiji, Kenya, Myanmar, Nepal, the Philippines, the Russian Federation,
Swaziland, Ukraine, Zambia and Zimbabwe. She thanks the Government of the Russian
Federation for the invitation it extended to her and encourages those who have not
responded yet to consider extending an invitation to visit in the near future.
8.
From 16 March 2012 to 1 March 2013, the Special Rapporteur sent a total of 96
communications alleging violations of human rights in the context of her mandate to 49
Member States. Of the communications sent, 77 were urgent appeals and the remaining 19
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