Basic Principles on the Function of Lawyers

Considering that the peoples of the world affirm in the Charter of the United Nations, among other things, their resolve to create conditions under which justice can be maintained, and proclaim as one of their purposes the realization of international cooperation in the promotion and encouragement of respect for human rights and fundamental freedoms for all without distinction as to race, sex, language or religion,

whereas the Universal Declaration of Human Rights enshrines the principles of equality before the law, the presumption of innocence, the right of everyone to a fair and public hearing by an independent and impartial tribunal, and the right of everyone accused of a crime to all the necessary guarantees for its defense,Considering that the International Covenant on Civil and Political Rights further proclaims the right of individuals to be tried without undue delay and to a fair and public hearing by a competent, independent and impartial tribunal established by law,

Considering that the International Covenant on Economic, Social and Cultural Rights recalls that the Charter of the United Nations imposes on States the obligation to promote universal and effective respect for human rights and freedoms,

Considering the Body of Principles for the Protection of All Persons Submitted to Any Form of Detention or Imprisonment, which stipulates that every detained person shall have the right to the assistance of, to communicate with and consult a lawyer,

Considering that the Standard Minimum Rules for the Treatment of Prisoners recommend, in particular, that detainees in pre-trial detention be guaranteed legal assistance and confidential communication with their lawyer,

whereas the Safeguards to ensure the protection of the rights of those facing the death penalty reaffirm the right of all suspects or accused of a capital offense to adequate legal assistance at all stages of the trial, in accordance with Article 14 of the International Covenant on Civil and Political Rights,

Considering that the Declaration on the Fundamental Principles of Justice for Victims of Crime and Abuse of Power recommends measures to be taken at the national and international levels to improve access to justice and fair treatment, restitution, compensation and assistance for crime victims,

Considering that the proper protection of human rights and fundamental freedoms that everyone can claim, whether economic, social and cultural, or civil and political, requires that all people have effective access to legal services provided by an independent legal profession,

whereas professional associations of lawyers have an essential role to play in upholding professional standards and ethics, protecting their members from persecution and undue restrictions or interference, providing legal services to all who need them, and cooperating with institutions governments and other institutions to further the ends of justice and the public interest,

The Basic Principles on the Role of Lawyers that follow, formulated to assist Member States in their task of promoting and guaranteeing the proper role of lawyers, must be taken into account and respected by governments in the framework of their national law and practice and should be brought to the attention of legal scholars as well as others such as judges, prosecutors, members of the executive and legislative branches, and the general public. These principles will also apply, when appropriate, to people who perform the functions of the legal profession without having the official category of lawyers.

Access to legal aid and legal services

1 . Every person is entitled to seek the assistance of a lawyer of his choice to protect and demonstrate his rights and defend him at all stages of criminal proceedings.

2 . Governments will ensure that efficient procedures and adequate mechanisms are established to enable effective and equal access to legal assistance for all persons who are in their territory and are subject to their jurisdiction, without any type of distinction, such as discrimination based on race, color, ethnic origin, sex, language, religion, political or other opinion, national or social origin, economic position, birth, economic situation or other condition.

3 . Governments will ensure that adequate funds and other resources are made available for legal aid to poor people, and, where necessary, to other disadvantaged people. The professional associations of lawyers will collaborate in the organization and provision of services, material means and other resources.

4 . Governments and professional bar associations will promote programs to inform the public of their rights and obligations under the law and of the important role that lawyers play in protecting their fundamental freedoms. Particular attention should be paid to assisting the poor and other disadvantaged people to prove their rights and, where necessary, to seek the assistance of a lawyer.

Special safeguards in criminal matters

5 . Governments shall ensure that the competent authority immediately informs all persons accused of having committed a crime, or arrested, or detained, of their right to be assisted by a lawyer of their choice.

6 . All those people, when they do not have a lawyer, will have the right, whenever the interest of justice so demands, to be assigned lawyers with the experience and competence required by the type of crime in question in order to provide effective and free legal assistance if they lack sufficient means to pay for their services.

7 . Governments will further ensure that all persons arrested, or detained, whether criminally charged or not, have access to a lawyer immediately, and in any event within 48 hours of arrest or detention.

8 . Every person arrested, detained, or imprisoned shall be provided with adequate opportunities, time, and facilities to receive visits from, meet with, and consult with a lawyer, without delay, interference, or censorship, and in full confidentiality. These inquiries may be visually monitored by a law enforcement official, but the conversation will not be heard.

Competition and preparation

9 . Governments, professional bar associations and educational institutions shall ensure that lawyers are adequately trained and prepared, and are made aware of the ideals and ethical obligations of the lawyer and of the human rights and fundamental freedoms recognized by the national and international legal system.

10 . Governments, professional associations of lawyers and educational institutions shall ensure that there is no discrimination of any kind against a person, as regards entry into the profession or the exercise of the same, for reasons of race, colour, sex, origin ethnicity, religion, political and other opinions, national or social origin, wealth, birth, economic or social status, although the requirement that a lawyer be a citizen of the country concerned shall not be considered discriminatory.

11 . In countries where there are groups, communities or regions whose needs for legal services are not met, especially where such groups have their own cultures, traditions or languages ​​or have been victims of discrimination in the past, governments and professional associations of lawyers and educational institutions should take special measures to offer opportunities for candidates from these groups to enter the legal profession and should ensure that they receive training appropriate to the needs of their groups of origin.

Obligations and responsibilities

12. Lawyers will maintain at all times the honor and dignity of their profession in their capacity as fundamental agents of the administration of justice.