Docsity
Log inSign up
Docsity
Prepare for your exams
Prepare for your exams

Study with the several resources on Docsity

Earn points to download
Earn points to download

Earn points by helping other students or get them with a premium plan

Guidelines and tips
Guidelines and tips
Sell on Docsity
Sell on Docsity
Log inSign up

Prepare for your exams

Study with the several resources on Docsity

Find documents

Prepare for your exams with the study notes shared by other students like you on Docsity

Search Store documents

The best documents sold by students who completed their studies

Search through all study resources
Docsity AINEW

Summarize your documents, ask them questions, convert them into quizzes and concept maps

Explore questions

Clear up your doubts by reading the answers to questions asked by your fellow students

Earn points to download

Earn points by helping other students or get them with a premium plan

Share documents
download point icon20 Points

For each uploaded document

Answer questions
download point icon5 Points

For each given answer (max 1 per day)

All the ways to get free points
Get points immediately

Choose a premium plan with all the points you need

Study Opportunities

Choose your next study program

Get in touch with the best universities in the world. Search through thousands of universities and official partners

Community

Ask the community

Ask the community for help and clear up your study doubts

University Rankings

Discover the best universities in your country according to Docsity users

Free resources

Our save-the-student-ebooks!

Download our free guides on studying techniques, anxiety management strategies, and thesis advice from Docsity tutors

From our blog

Exams and Study
Go to the blog

The Role of Lawyers in Protecting Human Rights and Access to Justice, Study notes of Human Rights

University of BoltonHuman Rights

The international principles and standards for the role of lawyers in upholding human rights and ensuring effective access to justice. It emphasizes the importance of equal access to legal services for all persons, regardless of discrimination based on various factors. The document also highlights the duties of lawyers towards their clients and the importance of their civil and penal immunity. Furthermore, it stresses the need for self-governing professional associations to protect the professional integrity of lawyers and ensure everyone's effective access to legal services.

Typology: Study notes

2021/2022

Uploaded on 09/12/2022

benjamin56
benjamin56 🇬🇧

5

(4)

222 documents

1 / 5

Toggle sidebar

This page cannot be seen from the preview

Don't miss anything!

bg1
BasicPrinciplesontheRoleofLawyers
AdoptedbytheEighthUnitedNationsCongressonthePreventionofCrimeandthe
TreatmentofOffenders,Havana,Cuba,27Augustto7September1990
WhereasintheCharteroftheUnitedNationsthepeoplesoftheworldaffirm,interalia,
theirdeterminationtoestablishconditionsunderwhichjusticecanbemaintained,and
proclaimasoneoftheirpurposestheachievementofinternationalcooperationin
promotingandencouragingrespectforhumanrightsandfundamentalfreedomswithout
distinctionastorace,sex,languageorreligion,
WhereastheUniversalDeclarationofHumanRightsenshrinestheprinciplesofequality
beforethelaw,thepresumptionofinnocence,therighttoafairandpublichearingbyan
independentandimpartialtribunal,andalltheguaranteesnecessaryforthedefenceof
everyonechargedwithapenaloffence,
WhereastheInternationalCovenantonCivilandPoliticalRightsproclaims,inaddition,the
righttobetriedwithoutunduedelayandtherighttoafairandpublichearingbya
competent,independentandimpartialtribunalestablishedbylaw,
WhereastheInternationalCovenantonEconomic,SocialandCulturalRightsrecallsthe
obligationofStatesundertheChartertopromoteuniversalrespectfor,andobservanceof,
humanrightsandfreedoms,
WhereastheBodyofPrinciplesfortheProtectionofAllPersonsunderAnyFormof
DetentionorImprisonmentprovidesthatadetainedpersonshallbeentitledtohavethe
assistanceof,andtocommunicateandconsultwith,legalcounsel,
WhereastheStandardMinimumRulesfortheTreatmentofPrisonersrecommend,in
particular,thatlegalassistanceandconfidentialcommunicationwithcounselshouldbe
ensuredtountriedprisoners,
WhereastheSafeguardsguaranteeingprotectionofthosefacingthedeathpenaltyreaffirm
therightofeveryonesuspectedorchargedwithacrimeforwhichcapitalpunishmentmay
beimposedtoadequatelegalassistanceatallstagesoftheproceedings,inaccordancewith
article14oftheInternationalCovenantonCivilandPoliticalRights,
WhereastheDeclarationofBasicPrinciplesofJusticeforVictimsofCrimeandAbuseof
Powerrecommendsmeasurestobetakenattheinternationalandnationallevelsto
improveaccesstojusticeandfairtreatment,restitution,compensationandassistancefor
victimsofcrime,
Whereasadequateprotectionofthehumanrightsandfundamentalfreedomstowhichall
personsareentitled,betheyeconomic,socialandcultural,orcivilandpolitical,requires
thatallpersonshaveeffectiveaccesstolegalservicesprovidedbyanindependentlegal
profession,
Whereasprofessionalassociationsoflawyershaveavitalroletoplayinupholding
professionalstandardsandethics,protectingtheirmembersfrompersecutionandimproper
pf3
pf4
pf5

Partial preview of the text

Download The Role of Lawyers in Protecting Human Rights and Access to Justice and more Study notes Human Rights in PDF only on Docsity!

Basic Principles on the Role of Lawyers

Adopted by the Eighth United Nations Congress on the Prevention of Crime and the Treatment of Offenders, Havana, Cuba, 27 August to 7 September 1990 Whereas in the Charter of the United Nations the peoples of the world affirm, inter alia, their determination to establish conditions under which justice can be maintained, and proclaim as one of their purposes the achievement of international cooperation in promoting and encouraging respect for human rights and fundamental freedoms without distinction as to race, sex, language or religion, Whereas the Universal Declaration of Human Rights enshrines the principles of equality before the law, the presumption of innocence, the right to a fair and public hearing by an independent and impartial tribunal, and all the guarantees necessary for the defence of everyone charged with a penal offence, Whereas the International Covenant on Civil and Political Rights proclaims, in addition, the right to be tried without undue delay and the right to a fair and public hearing by a competent, independent and impartial tribunal established by law, Whereas the International Covenant on Economic, Social and Cultural Rights recalls the obligation of States under the Charter to promote universal respect for, and observance of, human rights and freedoms, Whereas the Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment provides that a detained person shall be entitled to have the assistance of, and to communicate and consult with, legal counsel, Whereas the Standard Minimum Rules for the Treatment of Prisoners recommend, in particular, that legal assistance and confidential communication with counsel should be ensured to untried prisoners, Whereas the Safe guards guaranteeing protection of those facing the death penalty reaffirm the right of everyone suspected or charged with a crime for which capital punishment may be imposed to adequate legal assistance at all stages of the proceedings, in accordance with article 14 of the International Covenant on Civil and Political Rights, Whereas the Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power recommends measures to be taken at the international and national levels to improve access to justice and fair treatment, restitution, compensation and assistance for victims of crime, Whereas adequate protection of the human rights and fundamental freedoms to which all persons are entitled, be they economic, social and cultural, or civil and political, requires that all persons have effective access to legal services provided by an independent legal profession, Whereas professional associations of lawyers have a vital role to play in upholding professional standards and ethics, protecting their members from persecution and improper

restrictions and infringements, providing legal services to all in need of them, and cooperating with governmental and other institutions in furthering the ends of justice and public interest, The Basic Principles on the Role of Lawyers, set forth below, which have been formulated to assist Member States in their task of promoting and ensuring the proper role of lawyers, should be respected and taken into account by Governments within the framework of their national legislation and practice and should be brought to the attention of lawyers as well as other persons, such as judges, prosecutors, members of the executive and the legislature, and the public in general. These principles shall also apply, as appropriate, to persons who exercise the functions of lawyers without having the formal status of lawyers. Access to lawyers and legal services

  1. All persons are entitled to call upon the assistance of a lawyer of their choice to protect and establish their rights and to defend them in all stages of criminal proceedings.
  2. Governments shall ensure that efficient procedures and responsive mechanisms for effective and equal access to lawyers are provided for all persons within their territory and subject to their jurisdiction, without distinction of any kind, such as discrimination based on race, colour, ethnic origin, sex, language, religion, political or other opinion, national or social origin, property, birth, economic or other status.
  3. Governments shall ensure the provision of sufficient funding and other resources for legal services to the poor and, as necessary, to other disadvantaged persons. Professional associations of lawyers shall cooperate in the organization and provision of services, facilities and other resources.
  4. Governments and professional associations of lawyers shall promote programmes to inform the public about their rights and duties under the law and the important role of lawyers in protecting their fundamental freedoms. Special attention should be given to assisting the poor and other disadvantaged persons so as to enable them to assert their rights and where necessary call upon the assistance of lawyers. Special safeguards in criminal justice matters
  5. Governments shall ensure that all persons are immediately informed by the competent authority of their right to be assisted by a lawyer of their own choice upon arrest or detention or when charged with a criminal offence.
  6. Any such persons who do not have a lawyer shall, in all cases in which the interests of justice so require, be entitled to have a lawyer of experience and competence commensurate with the nature of the offence assigned to them in order to provide effective legal assistance, without payment by them if they lack sufficient means to pay for such services.
  7. Governments shall further ensure that all persons arrested or detained, with or without criminal charge, shall have prompt access to a lawyer, and in any case not later than forty‐ eight hours from the time of arrest or detention.
  8. All arrested, detained or imprisoned persons shall be provided with adequate opportunities, time and facilities to be visited by and to communicate and consult with a

and (c) shall not suffer, or be threatened with, prosecution or administrative, economic or other sanctions for any action taken in accordance with recognized professional duties, standards and ethics.

  1. Where the security of lawyers is threatened as a result of discharging their functions, they shall be adequately safeguarded by the authorities.
  2. Lawyers shall not be identified with their clients or their clients' causes as a result of discharging their functions.
  3. No court or administrative authority before whom the right to counsel is recognized shall refuse to recognize the right of a lawyer to appear before it for his or her client unless that lawyer has been disqualified in accordance with national law and practice and in conformity with these principles.
  4. Lawyers shall enjoy civil and penal immunity for relevant statements made in good faith in written or oral pleadings or in their professional appearances before a court, tribunal or other legal or administrative authority.
  5. It is the duty of the competent authorities to ensure lawyers access to appropriate information, files and documents in their possession or control in sufficient time to enable lawyers to provide effective legal assistance to their clients. Such access should be provided at the earliest appropriate time.
  6. Governments shall recognize and respect that all communications and consultations between lawyers and their clients within their professional relationship are confidential. Freedom of expression and association
  7. Lawyers like other citizens are entitled to freedom of expression, belief, association and assembly. In particular, they shall have the right to take part in public discussion of matters concerning the law, the administration of justice and the promotion and protection of human rights and to join or form local, national or international organizations and attend their meetings, without suffering professional restrictions by reason of their lawful action or their membership in a lawful organization. In exercising these rights, lawyers shall always conduct themselves in accordance with the law and the recognized standards and ethics of the legal profession. Professional associations of lawyers
  8. Lawyers shall be entitled to form and join self‐governing professional associations to represent their interests, promote their continuing education and training and protect their professional integrity. The executive body of the professional associations shall be elected by its members and shall exercise its functions without external interference.
  9. Professional associations of lawyers shall cooperate with Governments to ensure that everyone has effective and equal access to legal services and that lawyers are able, without improper interference, to counsel and assist their clients in accordance with the law and recognized professional standards and ethics. Disciplinary proceedings
  1. Codes of professional conduct for lawyers shall be established by the legal profession through its appropriate organs, or by legislation, in accordance with national law and custom and recognized international standards and norms.
  2. Charges or complaints made against lawyers in their professional capacity shall be processed expeditiously and fairly under appropriate procedures. Lawyers shall have the right to a fair hearing, including the right to be assisted by a lawyer of their choice.
  3. Disciplinary proceedings against lawyers shall be brought before an impartial disciplinary committee established by the legal profession, before an independent statutory authority, or before a court, and shall be subject to an independent judicial review.
  4. All disciplinary proceedings shall be determined in accordance with the code of professional conduct and other recognized standards and ethics of the legal profession and in the light of these principles.