A/HRC/14/35 solitary confinement. A custodial sentence on a pregnant woman or mother of a newborn child is usually postponed for a period of one year after the delivery of the child. 6. The allocation of resources for the provision of legal aid services with a view to the promotion and protection of human rights 31. Adequate representation in legal proceedings is central to an effective system of administration of justice which respects human rights. The right to legal assistance (if necessary without cost to the accused in criminal matters) is set out in the International Covenant on Civil and Political Rights (art. 14, para. 3 (d)). In resolution 10/2, the Council invited governments to allocate adequate resources for the provision of legal aid services with a view to the promotion and protection of human rights. 32. Paraguay reported that the right to counsel from the time of arrest is guaranteed by law. The legal aid system has 192 public defenders, who handled over 26,000 cases in 2008 and over 27,500 cases in 2009. A bill currently before Congress seeks to clarify the nature and mission of the Ministry of Public Defence, including its autonomy. Paraguay also reported an increasing annual allocation of funds for the provision of legal aid services. Mexico reported that the Federal Institute of Public Defence ensures the right to a public defence in criminal matters, with a view to assisting disadvantaged populations in accessing justice, overcoming social inequalities, safeguarding human rights and strengthening the rule of law. 33. Canada noted that constitutional responsibility for criminal justice, which includes matters under the Youth Criminal Justice Act, is divided between the federal and provincial governments, which work in partnership to ensure coordination. The absolute right to counsel is established under the Act for juveniles when they are charged with a criminal offence. If no legal aid coverage is available, the court may direct that the young person be represented by counsel. The federal Government contributes to the costs of criminal legal aid. Overall, legal aid plans in Canada spend some $43 million on legal aid services to youth, representing 14 per cent of the total direct service spending on criminal legal aid. This is in proportion to the requests for legal aid service to youth, which represent 14 per cent of applications for legal aid. About 10 per cent of all duty counsel services in criminal matters are provided to youth. 34. Slovakia reported that the Centre for Legal Aid is a State-funded organization, established by statute, which provides legal aid services in the areas of civil, family, labour and asylum law, as well as under certain conditions, in matters of commercial law. The Centre does not provide legal aid services for proceedings in the areas of criminal, administrative or social security law. Juveniles who will be tried on a criminal charge must be represented by counsel after indictment, the cost being borne by the Ministry of Justice if required. 35. Uruguay referred to the adoption of the Code of Childhood and Adolescence and its incorporation of a child’s right to be heard in the judicial system. The State provides free advocacy for children in court proceedings. 7. Training by governments in human rights and the administration of justice to various actors as outlined in paragraph 6 of the resolution 36. In paragraph 6 of resolution 10/2, the Human Rights Council invites governments to provide for training, including anti-racist, multicultural and gender-sensitive and child rights training, in human rights in the administration of justice, including juvenile justice, for all judges, lawyers, prosecutors, social workers, immigration and police officers and GE.10-13056 9

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents