A/RES/67/187
United Nations Principles and Guidelines on Access to Legal Aid in Criminal Justice Systems
50.
States should, where appropriate, provide legal aid to witnesses.
51. The circumstances in which it may be appropriate to provide legal aid to
witnesses include, but are not limited to, situations in which:
(a)
The witness is at risk of incriminating himself or herself;
(b) There is a risk to the safety and well-being of the witness resulting from
his or her status as such;
(c) The witness is particularly vulnerable, including as a result of having
special needs.
Guideline 9
Implementation of the right of women to access legal aid
52. States should take applicable and appropriate measures to ensure the right of
women to access legal aid, including:
(a) Introducing an active policy of incorporating a gender perspective into
all policies, laws, procedures, programmes and practices relating to legal aid to
ensure gender equality and equal and fair access to justice;
(b) Taking active steps to ensure that, where possible, female lawyers are
available to represent female defendants, accused and victims;
(c) Providing legal aid, advice and court support services in all legal
proceedings to female victims of violence in order to ensure access to justice and
avoid secondary victimization and other such services, which may include the
translation of legal documents where requested or required.
Guideline 10
Special measures for children
53. States should ensure special measures for children to promote children’s
effective access to justice and to prevent stigmatization and other adverse effects as
a result of their being involved in the criminal justice system, including:
(a) Ensuring the right of the child to have counsel assigned to represent the
child in his or her own name in proceedings where there is or could be a conflict of
interest between the child and his or her parents or other parties involved;
(b) Enabling children who are detained, arrested, suspected or accused of,
or charged with a criminal offence to contact their parents or guardians at once and
prohibiting any interviewing of a child in the absence of his or her lawyer or other
legal aid provider, and parent or guardian when available, in the best interests of
the child;
(c) Ensuring the right of the child to have the matter determined in the
presence of the child’s parents or legal guardian, unless it is not considered to be in
the best interests of the child;
(d) Ensuring that children may consult freely and in full confidentiality with
parents and/or guardians and legal representatives;
(e) Providing information on legal rights in a manner appropriate for the
child’s age and maturity, in a language that the child can understand and in a manner
that is gender- and culture-sensitive. Provision of information to parents, guardians
or caregivers should be in addition, and not an alternative, to communicating
information to the child;
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