A/HRC/23/43
men, and whether measures had been taken to ensure that women had “equal access to legal
aid, in particular in family matters”.9
31.
Other human rights treaty bodies have also mentioned the right to have access to
legal aid in their general comments or general recommendations. In its general comment
No. 7 (1997), the Committee on Economic, Social and Cultural Rights included legal aid in
the list of procedural guarantees that should be provided to persons who have been subject
to forced eviction and seek redress from the courts. 10
32.
In its general recommendation XXXI (2005), the Committee on the Elimination of
Racial Discrimination recommended that States parties to the Convention should (a) supply
legal information to persons belonging to the most vulnerable social groups, who are often
unaware of their rights; (b) promote, in the areas where such persons live, institutions such
as free legal help and advice centres, legal information centres and centres for conciliation
and mediation; and (c) expand their cooperation with associations of lawyers, university
institutions, legal advice centres and non-governmental organizations specializing in
protecting the rights of marginalized communities and in the prevention of discrimination. 11
In its general recommendation XXIX (2002), the Committee also recommended that States
take the necessary steps to secure equal access to the justice system for all members of
descent-based communities, “including by providing legal aid, facilitating of group claims
and encouraging non-governmental organizations to defend community rights”. 12
33.
In its general comment No. 3 (2012), the Committee against Torture stated that
States parties should provide adequate legal aid to those victims of torture or ill-treatment
lacking the necessary resources to bring complaints and to make claims for redress, and that
the failure to provide sufficient legal aid and protection measures for victims and witnesses
impede the enjoyment of the right to redress and prevent effective implementation of article
14.13
34.
In its general comment No. 1 (2011) on domestic migrant workers, the Committee
on the Protection of the Rights of All Migrant Workers and Members of Their Families
encouraged embassies and consulates of countries of origin present in countries where
migrant domestic workers are employed to ensure, in coordination with the authorities in
the countries of employment, adequately trained staff and mechanisms, including telephone
hotlines, to receive and address complaints made by migrant domestic workers, including
through the provision of legal aid.14
35.
In accordance with the jurisprudence of existing human rights treaty bodies, the
Special Rapporteur considers that the notion of beneficiaries of legal aid should be
extended to any person who comes into contact with the law and does not have the means
to pay for counsel. This concept also includes (a) any person whose rights or freedoms have
been violated as a result of an act, or a failure to act, perpetrated by a State actor, and (b)
any person who participates in judicial or extrajudicial procedures aimed at determining
rights and obligations “in a suit at law”.
9
10
11
12
13
14
CCPR/C/21/Rev.1/Add.10, para. 18.
Official Records of the Economic and Social Council, 1998, Supplement No. 2 (E/1998/22), annex IV,
para. 15.
Official Records of the General Assembly, Sixtieth Session, Supplement No. 18 (A/60/18), general
recommendation XXXI, paras. 7-9.
Ibid., Fifty-seventh Session, Supplement No. 18 (A/HRC/57/18), general recommendation XXIX.
CAT/C/GC/3, paras. 30 and 38.
CMW/C/GC/1, para. 62.
7
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