A/70/212 characteristics of a particular minority. 50 In the Philippines, for instance, religious courts are provided in the Muslim Mindanao region. 51 Such culturally adapted courts must always ensure full compliance with international human rights standards, including guarantees for a fair public hearing by a competent, independent and impartial tribunal under the rule of law. 52 37. Even in the absence of such courts, States should ensure that the cultural background of the accused, the victims and the witnesses is appropriately recognized, respected and accommodated by the authorities throughout criminal proceedings. 38. Where States have religious courts, they must ensure the rights of those not belonging to the same religion, through exercise of their right to choose whether they wish to be tried by a religious or a secular court, and the availab ility of appeals in all cases. 53 1. Access and quality of legal aid 39. Access to legal assistance often determines whether a person can participate in court proceedings in a meaningful way. The right to a fair trial under international and regional standards includes the right to a lawyer, free of charge if necessary, wherever the interests of justice so requires, at all stages of the process, including in police custody and pretrial detention. 54 40. Marginalization of minority groups means that they are more like ly to rely on free legal aid. Failure by a State to ensure a system adequate in scope and resources particularly impacts minorities. Further, minorities are often unaware of the availability of legal aid or of how to access it, despite the obligatio n to provide such information. 55 Minorities may not receive equal access to or quality of legal aid, notwithstanding that international standards include an obligation of __________________ 50 51 52 53 54 55 12/27 United Nations Entity for Gender Equality and the Empowerment of Women (UN -Women), United Nations Children’s Fund (UNICEF) and United Nations Development Programme (UNDP), “Informal justice systems: charting a course for human rights -based engagement” (2012), p. 140; and Jiunn-rong Yeh and Wen-Chen Chang, Asian Courts in Context (Cambridge, United Kingdom, Cambridge University Press, 2015), pp. 19 -20. Philippines, Republic Act No. 9054 (31 March 2001), article VIII. Also, see below regarding linguistic minorities. Indigenous courts would be another related example. Human Rights Committee, General Comment No. 32, paras. 24 and 65. The Committee has also noted that jurisdiction of customary or religious courts should be “limited to minor civil and criminal matters” (para. 24). Human Rights Committee, General Comment No. 32, para. 24; report of the Special Rapporteur on minority issues (A/68/268), paras. 52-55; and communication BRN 1/201 on the discriminatory impact on women and religious minorities of Sharia Courts and Criminal Code. Human Rights Committee, General Comment 32, paras. 10, 32 to 34; ICCPR article 14 (3) (c); United Nations Principles and Guidelines on Access to Legal Aid in Criminal Justice Systems, principle 3; CERD General Recommendation 31 (2005) para. 30; Basic Principles on the Role of Lawyers, principles 5 to 8; ECtHR, Salduz v. Turkey (2008); Principles and Best Practices on Persons Deprived of Liberty in the Americas, principle V; Principles and Guidelines on the Right to a Fair Trial and Legal Assistance in Africa, parts G and H; and Luanda Guidelines 8 (a) and 8 d (iii). United Nations Principles and Guidelines on Access to Legal Aid, principle 8. 15-12578