A/RES/67/187
United Nations Principles and Guidelines on Access to Legal Aid in Criminal Justice Systems
Principle 11
Legal aid in the best interests of the child
34. In all legal aid decisions affecting children, 15 the best interests of the child
should be the primary consideration.
35. Legal aid provided to children should be prioritized, in the best interests of the
child, and be accessible, age-appropriate, multidisciplinary, effective and responsive
to the specific legal and social needs of children.
Principle 12
Independence and protection of legal aid providers
36. States should ensure that legal aid providers are able to carry out their work
effectively, freely and independently. In particular, States should ensure that legal
aid providers are able to perform all of their professional functions without
intimidation, hindrance, harassment or improper interference; are able to travel, to
consult and meet with their clients freely and in full confidentiality both within their
own country and abroad, and to freely access prosecution and other relevant files;
and do not suffer, and are not threatened with, prosecution or administrative,
economic or other sanctions for any action taken in accordance with recognized
professional duties, standards and ethics.
Principle 13
Competence and accountability of legal aid providers
37. States should put in place mechanisms to ensure that all legal aid providers
possess education, training, skills and experience that are commensurate with the
nature of their work, including the gravity of the offences dealt with, and the rights
and needs of women, children and groups with special needs.
38. Disciplinary complaints against legal aid providers should be promptly
investigated and adjudicated in accordance with professional codes of ethics before
an impartial body and subject to judicial review.
Principle 14
Partnerships
39. States should recognize and encourage the contribution of lawyers’
associations, universities, civil society and other groups and institutions in providing
legal aid.
40. Where appropriate, public-private and other forms of partnership should be
established to extend the reach of legal aid.
C.
Guidelines
Guideline 1
Provision of legal aid
41. Whenever States apply a means test to determine eligibility for legal aid, they
should ensure that:
(a) Persons whose means exceed the limits of the means test but who cannot
afford, or do not have access to, a lawyer in situations where legal aid would have
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15
“Child” shall mean any person under 18 years of age, in line with the Convention on the Rights of the
Child.
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