A/HRC/23/43 paragraph 3 (d)”.18 In Artico v. Italy, the European Court of Human Rights found that the right to free legal assistance in article 6, paragraph 3 (c) was not satisfied simply by the formal appointment of a lawyer; rather, it required that legal assistance be effective. The State must take “positive action” to ensure that the applicant effectively enjoys his or her right to free legal assistance. 41. Effective legal aid should be provided promptly and continuously at all stages of judicial or extrajudicial proceedings. Effective legal aid includes, but is not limited to, unhindered access to legal aid providers, confidentiality of communications, access to information and to case files, and adequate time and facilities to prepare legal cases, as well as the provision of legal advice and education, and mechanisms for alternative dispute resolution. Persons who are deprived of their liberty should be informed, prior to any questioning, of their right to legal aid and of other procedural safeguards. 19 In S v Switzerland, for example, the European Court of Human Rights found that article 6, paragraph 3 (c) was infringed when the accused, who was in detention on remand, was not allowed to consult his lawyer out of the hearing of a prison officer. 42. The effectiveness of legal aid should be further ensured through institutionalization of services so that their provision may be evaluated, organized monitored. The providers of legal aid should, moreover, be held accountable for services they offer as a means to ensure the quality of legal advice, counsel representation, and proper and adequate access to the court system. the and the and States’ obligations C. 1. General legal obligations 43. According to international human rights law, the State bears the primary responsibility to adopt all appropriate legislative, judicial, administrative, budgetary, educative and other measures towards the full realization of the right to legal aid for any individual within its territory and subject to its jurisdiction who does not have sufficient financial means to pay for legal aid or to meet the costs associated with judicial proceedings. The Special Rapporteur wishes to emphasize that access to legal aid must be available to all individuals, regardless of nationality or statelessness, including asylum seekers, refugees, migrant workers and other persons, who may find themselves in the territory or subject to the jurisdiction of the State party. 20 44. States have an obligation to take the steps necessary to give effect to the right to legal aid in their domestic order. If this right is not already guaranteed by national legislation or practices, States are required to make such changes to their legislation and practices as necessary to ensure their conformity with the international legal obligations that they have undertaken. Where there are inconsistencies between domestic law and international obligations stemming from an international human rights treaty to which they are a party, domestic law or practice should be changed to meet those human rights standards. 45. Article 8 of the Universal Declaration of Human Rights and article 2, subparagraph 3 (a) and (b) of the International Covenant on Civil and Political Rights recognize the right 18 19 20 Ibid. United Nations Principles and Guidelines on Access to Legal Aid in Criminal Justice Systems, principle 8. See Official Records of the General Assembly, Forty-first Session, Supplement No. 40 (A/41/40), general comment No. 15, paras. 1-2. 9