A/HRC/23/43
administrative structure, should be free from undue political or judicial interference
and be independent of Government in decision-making related to legal aid.
97.
Where responsibilities to provide legal aid are shared among State institutions
and non-State legal aid providers, appropriate mechanisms should be put in place to
facilitate coordination among different legal aid providers and thus maximize the
effectiveness of the legal aid system.
98.
States should encourage bar associations to develop legal aid programmes or to
support existing systems in order to ensure a broader reach of the legal aid services
provided or of pro bono legal aid.
99.
Where appropriate, States should establish partnerships with bar associations
and legal clinics to ensure the provision of legal aid at all stages of criminal
proceedings, at the pretrial stage and in any non-criminal judicial or extrajudicial
procedure aimed at determining rights and obligations.
100. States should take appropriate measures to encourage the support and
establishment of the above-mentioned clinics in university law departments, and
provide incentives to law students to participate in legal aid clinic schemes as part of
their academic curriculum or professional development.
101. Where there is a shortage of qualified lawyers, States should develop a
nationwide network of paralegal services with standardized training curricula and
accreditation schemes.
102. In cooperation with private legal aid providers, States should develop criteria
for the accreditation of legal aid providers; ensure that legal aid providers are subject
to applicable professional codes of conduct; put in place mechanisms to ensure that all
legal aid providers possess adequate education, training, skills and experience that are
commensurate with the nature of their work; and establish appropriate oversight
mechanisms for legal aid providers, in particular to prevent them from receiving any
payment from the beneficiaries of legal aid, except when authorized to do so.
C.
Funding of legal aid schemes
103. Regardless of the nature and model of legal aid schemes, States should make
appropriate budgetary provisions for legal aid services that are commensurate to
their needs. To this end, States should take all appropriate measures to establish a
legal aid fund to finance legal aid schemes, and identify appropriate fiscal mechanisms
for channelling funds to legal aid.
104. To facilitate the development and strengthening of national legal aid systems,
United Nations specialized agencies, programmes and funds, States, donors and nongovernmental organizations should provide technical assistance based on the needs
and priorities identified by requesting States in the framework of bilateral or
multilateral cooperation.
D.
Legal aid for women, children and groups with special needs
105. Recognizing that the lack of public policies to eliminate obstacles to access to
justice for all has a greater impact on groups in a vulnerable situation or living in
extreme poverty, States should develop and implement appropriate policies to ensure
meaningful access to legal aid for women, children and groups with special needs.
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