A/HRC/23/43 to an effective remedy by the competent national tribunals for acts violating the fundamental rights granted by the Constitution or by law. With regard to legal aid, according to principle 9 of the United Nations Principles and Guidelines on Access to Legal Aid in Criminal Justice Systems (see paragraph 25 above), States have an obligation to establish effective remedies if access to legal aid is undermined, delayed or denied or if persons have not been adequately informed of their right to legal aid. 2. Specific legal obligations 46. In previous reports, the Special Rapporteur noted that access to justice requires the establishment of a judicial system that guarantees rights and of parallel measures, such as mechanisms and programmes to facilitate free legal assistance, in both criminal and civil cases.21 Nevertheless, the Special Rapporteur noted that, in practice, many countries still lack the resources and capacity necessary to promote the right of everyone to free legal aid, and that the inadequacy of funds to ensure legal support for those who do not have sufficient financial means adversely affects their access to justice and, consequently, their equal and effective enjoyment of human rights and fundamental freedoms. 47. At the individual level, court proceedings may represent a heavy financial burden. Costs include initiating and pursuing legal proceedings, lawyers‟ fees and other costs such as travel and loss of working time as a result of a court case. These costs have proportionally greater effects on low-income sectors, and the impossibility of paying for legal aid or of meeting the costs associated with a court case has been regarded as constituting a form of discrimination in cases where a person‟s financial situation places him or her in a position of inequality before the law. 22 48. In order to implement the right to legal aid at the domestic level, States are required to develop and implement an effective and sustainable legal aid system that draws from international human rights standards and recognized good practices. The Special Rapporteur notes that the United Nations Principles and Guidelines on Access to Legal Aid in Criminal Justice Systems provide guidance on the fundamental principles on which legal aid systems should be based, and outline the specific elements required to strengthen access to legal aid for those without the necessary financial resources. Although the Principles and Guidelines only refer to legal assistance in criminal proceedings, the Special Rapporteur is of the view that they may also be applied, mutatis mutandis, in civil and administrative law cases where free legal assistance is indispensable for effective access to the courts and a fair hearing, as well as for access to legal information and counsel and to mechanisms of alternative dispute resolution. (a) Establishment of a national legal aid system 49. The United Nations Principles and Guidelines on Access to Legal Aid in Criminal Justice Systems list the following models for the provision of legal aid: public defenders, private lawyers, contract lawyers, pro bono schemes, bar associations, paralegals, and others. They also note that States include a wide range of stakeholders as legal aid service providers, including non-governmental organizations, community-based organizations, religious and non-religious charitable organizations, professional bodies and associations, and academia. 50. The Special Rapporteur is of the view that it is up to the individual State to identify the legal aid model that can maximize access to free legal aid for all individuals within its 21 22 10 A/HRC/8/4, para. 23. Ibid., para. 25.