A/73/178/Rev.1 applications, or in the case of detention or expulsion, labour exploitation or any other violation of their human rights. 9. Contributions to the study were made by a number of civil society organizations, as well as teams of lawyers from Diego Portales University, Santiago and Carlos III University, Madrid. B. Legal assistance and representation 10. Legal representation of persons stems from the concept of due process, both of which are enshrined in the Universal Declaration of Human Rights. Articles 7, 8 and 11 provide that all persons are equal before the law and are entitled to equal protection under the law. The Declaration also provides that “everyone has the right to an effective remedy by the competent national tribunals for acts violating their fundamental rights” (art. 8). It may be inferred from article 10 of the Declaration that this requires specialized legal aid and representation, free of charge for those who cannot access it. The International Covenant on Civil and Political Rights prescribes that migrants in a regular situation may be expelled only in pursuance of a decision reached in accordance with law, so that they may submit the reasons against their expulsion and be represented before the competent authority (art. 13). It adds that “everyone shall be entitled to a fair and public hearing by a competent, independent and impartial tribunal” (art. 14). The Special Rapporteur stresses that migrants enjoy a right to technical legal assistance, which should be provided by the State free of charge for those who cannot afford it, to truly operationalize the right to due process. 11. The African Charter on Human and Peoples’ Rights stipulates that the right to a fair trial includes the right to be defended (art. 7). The African Union has adopted the Principles and Guidelines on the Right to a Fair Trial and Legal Assistance in Africa, which set forth the right to equal access to lawyers and free legal aid, and in its Migration Policy Framework for Africa and Plan of Action 2018–2027, the Union emphasizes strengthening legal assistance for migrants who are victims of smuggling, organized crime and trafficking in persons. In addition, the right to be defended in administrative cases has been established, meaning that free legal assistance must also be provided in migration procedures. 3 12. The Charter of Fundamental Rights of the European Union includes the obligation to develop an effective system of access to justice, which encompasses the right to have the possibility to be advised, defended and represented. In addition, it refers to free legal assistance for those who do not have sufficient resources. European case law has established that the State must guarantee access to justice, de jure and de facto, so that if it does not provide a free legal aid system, it must inform the applicant about organizations that do so. 4 13. The European Union has ruled that States parties must facilitate the provision of advice on the asylum procedure and on the rights and obligations of the applicants in their own language. However, free legal assistance has been limited to those applicants whose applications has received a negative response. 5 According to reports from civil society, rights such as free legal assistance, information and translation __________________ 3 4 5 4/20 For case law in the African region, see 224/98, Media Rights Agenda v. Nigeria, 14th Annual Activity Report [Compilation 1994–2001, Institute for Human Rights and Development in Africa, Banjul, 2002, pp. 286–300], in which the African Commission on Human and Peoples’ Rights applied general comment No. 13 (1984) of the Human Rights Committee on the administration of justice, with regard to legal assistance. European Court of Human Rights, M.S.S. v. Belgium and Greece. Directive 2013/32/EU of the European Parliament and of the Council of 26 June 2013 on common procedures for granting and withdrawing international protection (recast), art. 39. 18-15902