United Nations Principles and Guidelines on Access to Legal Aid in Criminal Justice Systems A/RES/67/187 basic right to legal aid of persons detained, arrested or imprisoned, 9 suspected 10 or accused of, or charged with a criminal offence, while expanding legal aid to include others who come into contact with the criminal justice system and diversifying legal aid delivery schemes. 11. The Principles and Guidelines are based on the recognition that States should, where appropriate, undertake a series of measures that, even if not strictly related to legal aid, can maximize the positive impact that the establishment and/or reinforcement of a properly working legal aid system may have on a properly functioning criminal justice system and on access to justice. 12. Recognizing that certain groups are entitled to additional protection or are more vulnerable when involved with the criminal justice system, the Principles and Guidelines also provide specific provisions for women, children and groups with special needs. 13. The Principles and Guidelines are primarily concerned with the right to legal aid, as distinct from the right to legal assistance as recognized in international law. Nothing in these Principles and Guidelines should be interpreted as providing a lesser degree of protection than that provided under existing national laws and regulations and international and regional human rights conventions or covenants applicable to the administration of justice, including, but not limited to, the International Covenant on Civil and Political Rights, the Convention on the Rights of the Child, 11 the Convention on the Elimination of All Forms of Discrimination against Women 12 and the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families. 13 However, this should not be interpreted as meaning that States are bound by international and regional instruments that they have not ratified or acceded to. B. Principles Principle 1 Right to legal aid 14. Recognizing that legal aid is an essential element of a functioning criminal justice system that is based on the rule of law, a foundation for the enjoyment of other rights, including the right to a fair trial, and an important safeguard that ensures fundamental fairness and public trust in the criminal justice process, 14 States should guarantee the right to legal aid in their national legal systems at the highest possible level, including, where applicable, in the constitution. _______________ 9 The terms “arrest”, “detained person” and “imprisoned person” are understood as defined in the Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment (resolution 43/173, annex). 10 The right to legal aid of suspects arises before questioning, when they become aware that they are the subject of investigation, and when they are under threat of abuse and intimidation, e.g., in custodial settings. 11 United Nations, Treaty Series, vol. 1577, No. 27531. 12 Ibid., vol. 1249, No. 20378. 13 Ibid., vol. 2220, No. 39481. 14 The term “justice process” is understood as defined in the Guidelines on Justice in Matters involving Child Victims and Witnesses of Crime (Economic and Social Council resolution 2005/20, annex). For the purpose of the Principles and Guidelines, the term shall also encompass extradition, transfer of prisoners and mutual legal assistance proceedings. 5/20