Legal assistance needs to be strategically organized to address the obstacles
faced by national minorities in accessing justice, especially in cases of conflictrelated displacement.28 States should develop such strategies, in co-operation with
key stakeholders, including the judiciary, prosecutors, law-enforcement agencies,
national human rights institutions, bar associations, legal aid providers (including
paralegals), other civil society organizations and representatives of national
minorities. An important first step consists of putting in place, in consultation with
persons belonging to national minorities, a regulatory and legislative framework
for legal aid that is sensitive to the needs of minorities, and of minority women in
particular. Several considerations should be taken into account when preparing
such a framework. It should ensure that persons belonging to minority communities
are able to access legal services in a language they understand, and preferably in
their language (including through an interpreter), for criminal, civil and administrative
cases at any stage of legal proceedings and also after, in case they serve a prison
sentence.29
It is also important that national minorities are not unfairly excluded from legal
assistance by the means test used to determine eligibility for financial assistance.
In this context, consideration should also be given to making primary legal aid
(consisting of legal advice only) free. A means test can then be applied before
providing legal assistance to vulnerable individuals to prepare their case and to
be represented in court (sometimes referred to as secondary legal aid). Legal
assistance should also be offered, regardless of an individual’s means, if the
interests of justice so require. It may be important to apply this principle in cases of
hate crimes committed against persons belonging to national minorities because
doing so will underline the importance that the State attaches to ensuring that these
crimes are tackled vigorously.30 Deciding which particular areas of law to include
in the provision of assistance should therefore be assessed against the needs of
28
29
30
See United Nations (1990) Basic Principles on the Role of Lawyers (adopted by the Eighth United
Nations Congress on the Prevention of Crime and the Treatment of Offenders); UN General Assembly
(2012) Principles and Guidelines on Access to Legal Aid in Criminal Justice Systems (General Assembly
resolution 67/187, annex); Council of Europe (1978) Resolution (78) 8 On Legal Aid and Advice (adopted
by the Committee of Ministers at the 284th meeting of the Ministers’ Deputies); Council of Europe (1976)
Resolution (76) 5 On Legal Aid in Civil, Commercial and Administrative Matters (adopted by the
Committee of Ministers at the 254th meeting of the Ministers’ Deputies); and Council of Europe (1993)
Recommen-dation No. R (93) 1 of the Committee of Ministers on Effective Access to the Law and to
Justice for the Very Poor (adopted by the Committee of Ministers at the 484th meeting of the Ministers’
Deputies).
See OSCE (2003) Decision No. 566 Action Plan on Improving the Situation of Roma and Sinti within the
OSCE Area, paragraph 18.
See United Nations (2013) Principles and Guidelines on Access to Legal Aid in Criminal Justice Systems,
paragraph 21; and United Nations (1990) Basic Principles on the Role of Lawyers (Adopted by the Eighth
United Nations Congress on the Prevention of Crime and the Treatment of Offenders).
The Graz Recommendations on Access to Justice and National Minorities
21