Global Study On Legal Aid
Empowered lives. Resilient nations.Global Studyon Legal AidGlobal Report
Empowered lives. Resilient nations.United Nations Development Programme (UNDP) partners with peopleat all levels of society to help build nations that can withstand crisis, anddrive and sustain the kind of growth that improves the quality of life foreveryone. On the ground in nearly 170 countries and territories, we offerglobal perspective and local insight to help empower lives and buildresilient nations.One United Nations PlazaNew York, NY 10017, USAwww.undp.orgUnited Nations Office on Drugs and Crime (UNODC), working incollaboration with partners and through a network of field offices, helpsMember States in achieving security and justice for all by making theworld safer from crime, drugs and terrorism. Building on its mandatesand expertise in the areas of crime prevention and criminal justice, UNODCendeavours to foster the development of fair, human rights-compliant andeffective criminal justice systems grounded in the rule of law.Vienna International CentreP.O. Box 500, 1400 Vienna, Austriawww.unodc.org United Nations, October 2016. All rights reserved, worldwide.The designations employed and the presentation of material on mapsused do not imply the expression of any opinion whatsoever on the partof the Secretariat of the United Nations or UNDP concerning the legalstatus of any country, territory, city or area or its authorities, or concerningthe delimitation of its frontiers or boundaries.Information on uniform resource locators and links to Internet sitescontained in the present publication are provided for the convenience ofthe reader and are correct at the time of issue. The United Nations takesno responsibility for the continued accuracy of that information or for thecontent of any external website.This publication has not been formally edited.Design by LS — lsgraphicdesign.itGlobal Study on Legal AidGlobal Report
ForewordThis Global Study on Legal Aid was initiated in 2014 and presents data gatheredin 2015 from both Member States and independent national experts. This globaleffort coincided with the adoption of the 2030 Agenda for Sustainable Development by the United Nations General Assembly, which clearly acknowledges theimportance of peaceful, just and inclusive societies in achieving sustainable development and an enabler for the broader Sustainable Development Goals, withaccess to justice for all as one of its targets.The Global Report, Country Profiles and the Case Studies publications of the GlobalStudy on Legal Aid provide an initial overview of the current state of legal aidworldwide. It illustrates how States have striven to safeguard the right to legal aidservices in criminal matters and to meet the demand for legal aid services in awide range of civil and administrative matters. While progress has been made inestablishing national legal and policy frameworks on legal aid in many countries,States face common challenges in translating this into improved access to justicefor its people. Indeed, effective delivery of legal aid service is but one of manyaspects of broader reforms that are necessary to ensure wider access to justice. Itis only when concerted efforts are made towards other crucial reforms, such as reducing excessive and arbitrary pretrial detention, improving the capacity of Statesto respond to violence against women and children, or enhancing the independence of judges and lawyers, that access to justice for all can truly be achieved.In Tbilisi, Georgia, 25-year-old Mikheil*, who spent a year in jail after being falselyaccused of a crime that he did not commit, was exonerated with help from theLegal Aid Service, the State agency responsible for delivery of legal aid in Georgia.In Jabalia Camp in the Gaza Strip, Asma* was able to escape an abusive marriageand obtain custody of her children through help from a legal aid clinic, whichassisted in compiling medical records to document ongoing abuse as well as insecuring funding for a monthly allowance from the State.In North Kivu in the Democratic Republic of Congo, Julie*, just 10 years old, is asurvivor of sexual violence. She has returned to school after nearly four monthsof absence with help of the legal aid centre that supports victims of sexual andgender based violence. Through comprehensive service provided by the legalaid centre, including legal services, medical care, psychological counselling andsupport for reintegration into the community, Julie was able to focus on regainingcontrol over her life.In addition to presenting a global picture of the situation of legal aid, the Studyalso highlights specific challenges and priority areas in various aspects of legalaid delivery. Moreover, innovative approaches and lessons learned on delivering legal aid services are featured in order to inform future technical assistanceto strengthen legal aid systems around the world. This Study represents the firststep in raising awareness of the global state of legal aid services as well as interestand momentum towards wider reforms to improve access to legal aid as part of abroader agenda of ensuring access to justice for all.The stories above are just a few examples of how access to legal aid empowersindividuals and communities, contributes to reducing poverty and promotes theprotection of human rights. Many initiatives around the world using differentapproaches and models strive to ensure access to legal services for those whocannot afford it. From university-based legal aid clinics supporting prisoners inViet Nam in their reintegration into the community, to the national legal aid authority assisting in mediation of labour disputes and providing legal representation for employees of the garment, ship breaking, steel manufacturing industriesin Bangladesh, to civil society organizations in Guatemala providing legal andpsychological assistance to victims of human rights violations as part of the transitional justice process, legal aid services can help people gain knowledge abouttheir rights, assist in resolving disputes and support them in obtaining redress forviolation of their rights.As members of the Steering Committee overseeing this Study, we have beenengaged throughout the process of the Study from conceptualization to the finalreview. We welcome this Study as an initial attempt to take stock of how legal aidservices are being delivered worldwide.The Global Study on Legal Aid Steering Committee*IIGlobal Study on Legal Aid — Global ReportNot their real names.ForewordIII
Prefacepolicies by states, and understand better the reality of what access and delivery oflegal aid looks like across countries and regions in diverse development contexts.The 2030 Agenda for Sustainable Development recognizes “the need to buildpeaceful, just, and inclusive societies which provide equal access to justice andare based on respect for human rights.” Goal 16, and its target 3 in particular,highlight the importance of ensuring “access to justice for all” in achievingsustainable development. That target has a direct impact on progress acrossother goals, such as Goal 1 on Poverty, Goal 5 on Gender Equality and Women’sEmpowerment, Goal 8 on Productive Employment and Decent Work, and Goal10 on Reducing Inequalities.This global study is the first time the UN system has endeavoured to provide anoverview of the current state of legal aid around the world. It increases the knowledge and evidence base on how legal aid is being provided. Drawing on surveyresponses from UN Member States and independent national experts, the studypresents various recommendations on how to address common challenges whichMember States across all regions and in different development contexts face indelivering legal aid. We hope that the study will galvanize states into taking concrete steps to enhance their legal aid systems.UNDP and UNODC are committed to supporting access to justice for all, includingthrough the effective provision of legal aid services. This is fundamental to building peaceful, just, and inclusive societies based on the rule of law, and thereby toensuring sustainable development.Access to legal aid is central to ensuring access to justice, especially for the poorest and most vulnerable people. As emphasized by the United Nations Principlesand Guidelines on Access to Legal Aid in Criminal Justice Systems, legal aid is anessential aspect of a fair, humane, and efficient criminal justice system based onthe rule of law. Without access to legal aid, millions of people around the worldare at high risk of having their rights ignored or violated when they interact witha criminal justice system, including through arbitrary pretrial detention, torture,coerced confessions, and/or wrongful convictions.Ensuring access to legal aid for civil and administrative matters is also critical forempowering poor and marginalized populations. So is access to legal aid for marital and custody cases, labour disputes, and property and inheritance issues. Legalaid helps people to assert their rights and to contest cases of discrimination. Itcontributes to enhancing people’s trust in the justice system, and it enhances thelegitimacy of the state. Legal aid can also ensure that people have access to information about their rights, entitlements, and obligations. Put simply, access to legalaid is fundamental to safeguarding fair, equal, and meaningful access to justice.The United Nations Development Programme (UNDP) and the United NationsOffice on Drugs and Crime (UNODC) undertook the Global Study on Legal Aid inorder to collect data systematically on legal aid, examine how the right to legalaid is being defined worldwide and how it is being addressed through laws andIVGlobal Study on Legal Aid — Global ReportPrefaceV
AcknowledgementsHenok Gabisa, Anastasia Gubanova, Alexandra Herbert, Anbar Jayadi, Jamie Marr,Gabriella Morrone, Judith Tanur and Rachel Waggott. Translation support wasprovided by Virginie Czyz, Maria Denisova, Maria G. Doglioli, Sonia Govindankutty,Shaima Hussein, Shigeyuki Ito, Vanesa Lopez, Candice Luo, Fida Maaytah, YiyangSong, Viktoriya Vasylyeva, and Ekaterina Voronina. Interns at UNDP and UNODC,Kyusun Chung, Jente van Muylder and Victoriya Zhun, also provided support tothe Study.This Global Study on Legal Aid (GSLA) was jointly developed by the United Nations Development Programme (UNDP) and the United Nations Office on Drugsand Crime (UNODC).The Study has been developed with the guidance of an advisory Steering Committee, who provided invaluable support throughout the development of theStudy. Steering Committee members include: Maria Luz Ramirez and Nicolás Laino(AIDEF), Donald Deya and Irini Anastassiou (Pan-African Lawyers Union), VidhuVedalankar and Patrick Hundermark (Legal Aid South Africa), Manzoor Hasan(BRAC), Gabriela Knaul (Former Special Rapporteur for the Independence of Judgesand Lawyers), Jennifer Tsai (American Bar Association - Rule of Law Initiative),Myriam Khaldi (Avocats Sans Frontières), Alejandro Ponce (World Justice Project),Zaza Namoradze (Open Society Justice Initiative), Alan Paterson (InternationalLegal Aid Group), Jennifer Smith (The International Legal Foundation), Tina Gewisand Nathalie Tran (OSCE Office for Democratic Institutions and Human Rights),Nina Berg (Denmark), Åsa Wallendahl (Finland), Abigail Moy (Namati), PaulPrettitore (The World Bank), Kerry Neal and Mathilde Renault (UNICEF), Ute Eckertz(BMZ Germany) and Anna-Sophie Guehrs and Susanne Jacobi (GIZ Germany).The following entities and individuals contributed to the development of thecase studies: Legal Aid South Africa for the South Africa case study; UNICEFGeorgia for the Georgia case study; Jenny Bjerlestam (UNDP) for the Afghanistancase study; Filippo Di-Carpegna and Nada Riahi (UNDP) for the Tunisia case study;Shakir Khondoker, Munira Zaman, Sayed Sumon and Mahmuda Afroz (UNDP)for the Bangladesh case study; Jean-Charles Paras and Ladislas Decoster (UNDP)for the Democratic Republic of Congo case study; Auke Willems and UNODC forthe Brazil case study and UNODC for the Netherlands case study.Qualtrics software was used for the data analysis and Steffanie Nestor provideddedicated technical support. Design and layout of the publications were supportedby LS Design and, in particular, by Paolo Ciampagna. Francisco Santos-Padron andJames Neuhaus contributed to the video documentation of some case studies.UNDP and UNDOC country and field offices also contributed significantly to theStudy, particularly in identification of experts and review of the country profiles.The following UNODC staff contributed to the overall Study: Anika Holterhof, Valérie Lebaux, Jee Aei (Jamie) Lee, and Miri Sharon. From UNDP, Aparna Basnyat, AnaPatricia Graca, Shelley Inglis, Antje Kraft, and Jana Schuhmann provided valuableinputs to the Study.UNDP and UNODC wish to acknowledge the contribution of the German FederalMinistry for Economic Cooperation and Development (BMZ) toward the development of this Study.The Study was developed by two GSLA consultants: Valerie Wattenberg, who initiated the Study, including developing the framework for the Study and an initialdraft of the report, and Marie Laberge, who finalized the Study by completing theanalysis of survey results and developing the country profiles. Research supportwas provided by Natasha Geber.The following United Nations Volunteers also contributed to the research andanalysis for the Study: Esther Beceiro, Sumaya Desai, Alice Drury, Olivia Dufour,VIGlobal Study on Legal Aid — Global ReportAcknowledgementsVII
Acronyms and AbbreviationsAIDEF – Inter-American Association of PublicDefendersICESCR – International Covenant on Economic,Social and Cultural RightsASK – Ain o Salish Kendra (A national legal aid andhuman rights organisation in Bangladesh)ICT – Information and Communication TechnologyTable of ContentsIDP – Internally Displaced PersonBangkok Rules – United Nations Rules for theTreatment of Women Prisoners and Non-custodialMeasures for Women OffendersILF – International Legal FoundationBeijing Rules – United Nations Standard MinimumRules for the Administration of Juvenile JusticeLGBT – Lesbian, gay, bisexual and transgenderLDC – Least Developed CountryMONUSCO – United Nations Organisation tabilizationMission in the Democratic Republic of the CongoBMZ – German Federal Ministry for EconomicCooperation and DevelopmentNelson Mandela Rules – United Nations StandardMinimum Rules for the Treatment of PrisonersCEDAW – Convention on the Elimination of all formsof Discrimination Against WomenForewordIIPrefaceIVAcknowledgementsVIAcronyms and AbbreviationsExecutive SummaryVIII2NGO – Non-governmental OrganisationCCPCJ - Commission on Crime Prevention andCriminal JusticeOAS – Organization of American StatesCLC – Community Law CentreONUCI – United Nations Operation in Côte d’IvoireCRC – United Nations Convention on the Rightsof the ChildOSCE – Organization for Security and Co‑operation inEuropeCSO – Civil Society OrganisationOSF – Open Society FoundationsDPKO – United Nations Department of PeacekeepingOperationsSGBV – Sexual and Gender-based ViolenceUDHR – Universal Declaration of Human RightsDRC – Democratic Republic of CongoUN – United NationsECOSOC – Economic and Social CouncilUN Principles and Guidelines or UNPG – UnitedNations Principles and Guidelines on Access to LegalAid in Criminal Justice SystemsECHR – European Convention on Human RightsECtHR – European Court of Human RightsUNDP – United Nations Development ProgrammeGIZ – Deutsche Gesellschaft für InternationaleZusammenarbeitUNFPA – United Nations Population FundPart I OverviewA. Introduction to the Study45Definition of legal aid8The Global Study on Legal Aid9Methodology and limitations to the Study10B. International legal framework14International instruments14Regional instruments18International standards and norms20Universal Periodic Review22C. Establishing the right to legal aid at the national levelRegional trends and evolution of legal aid systems2326GBV – Gender-based ViolenceUNGA – United Nations General AssemblyGSLA – Global Study on Legal AidUNICEF – United Nations Children’s FundPublic defender systems43Havana Rules – United Nations Rules for theProtection of Juveniles Deprived of their LibertyUNODC – United Nations Office on Drugs and CrimeAssigned counsel/panel lawyers or ex officio system44UPR – Universal Periodic ReviewContract services systems47HRC – Human Rights CouncilVienna Guidelines – Guidelines for Action onChildren in the Criminal Justice SystemCivil society providers49Mixed-model/hybrid systems51IACHR – Inter-American Commission on Human RightsWEOG – Western Europe and Others GroupHIV – Human Immunodeficiency VirusD. Overview of approaches to legal aid organisation and delivery39ICCPR – International Covenant on Civiland Political RightsVIIIGlobal Study on Legal Aid — Global ReportTable of ContentsIX
Part II Survey Findings54A. GSLA Member State and expert surveys:Overview of the global response rate55B. Diagnostic of legal aid challenges at a glance60C. The right to legal aid66Legal framework66Services included as part of legal aid73A. Key findings and conclusions1441451. The right to legal aid1452. Legal aid providers1463. Specialized legal aid services1494. Administration of legal aid1505. Scope and coverage of legal aid in civil cases1536. Scope and coverage of legal aid in criminal cases154737. Quality of legal aid services157(ii) Specialized legal aid services738. Independence of legal aid providers159(iii) Specialized legal aid services for children759. Accountability of legal aid providers160(iv) Specialized legal aid services for women7710. Legal aid and informal justice systems161(i)Legal aid services provided in criminal, civil & administrative casesPublic awareness of the right to legal aid80D. Organisation and administration of legal aid82B. Recommendations1641. Data collection164Legal aid delivery models822. Legal framework165Legal aid authorities843. Provision of legal aid services166Appointment mechanisms894. Specialized legal services167Budgetary allocations for legal aid925. Quality of legal aid services168Qualification requirements for legal aid providers966. Sustainability of legal aid1697. Sharing experiences on legal aid170Physical and financial accessibility of legal aid100Mechanisms to ensure independence of legal aid providers104Mechanisms to ensure the quality of legal aid services107E. Legal aid in criminal proceedings110Eligibility to legal aid in criminal cases111Effectiveness and quality of legal aid services provided in criminal cases114Specialized legal aid for children in criminal cases114F. Legal aid in civil and administrative proceedings119Annexes172Annex I – United Nations Member State Questionnaire173Annex II – Expert Questionnaire197Annex III – Recommendations on legal aidfrom the Universal Periodic Review236Eligibility for legal aid in civil and administrative cases119Glossary241Types of cases for which legal aid is provided in civil and administrative cases120Bibliography243G. Legal aid and informal justice systems125H. Monitoring the scope and quality of legal aid services and remedies130Monitoring mechanisms130Remedies134I. Priority areas for supportXPart III Conclusions and Recommendations136Global Study on Legal Aid — Global ReportTable of ContentsXI
Table of BoxesBox 1: CEDAW General Recommendation on Women’s Access to Justice – Legal Aid17Box 2: Civil society’s role in promoting regional and international recognitionof the right to legal aid in Africa19Box 3: Specialized services for gender-based violence25Box 4: Model law on legal aid in criminal justice systems with commentaries26Box 5: The public defender system in Latin America: Examples from Argentinaand the Inter-American Association of Public Defender’s Offices (AIDEF)29Box 6: Examples of the right to legal assistance in legal frameworks in Sub-Saharan Africa31Box 7:
Access to legal aid is central to ensuring access to justice, especially for the poor-est and most vulnerable people. As emphasized by the United Nations Principles and Guidelines on Access to Legal Aid in Criminal Justice Systems, legal aid is an essential aspect of a fair, humane, and ef
injury case - may apply for civil legal aid (since this leaflet deals only with civil legal aid, where we refer to "legal aid" we mean "civil legal aid"). Legal aid is financial help from public funds. It helps people who qualify to get legal advice and the help of a solicitor to put their case in court.
Foreign aid has various different forms; economic aid, social aid and "other aid" components are the main ones. Economic aid is a form of physical capital, aid to both infrastructure and the production stage, social aid refers to aid in form of human capital whereas other aid components entail food and emergency aid (Akramova 2012, 119-120).
Is a CLC the same as Legal Aid? Community legal centres are not the same as Legal Aid. Legal Aid NSW is a government body that provides legal services to people who experience significant disadvantage across NSW. Legal Aid provides assistance for criminal, family and civil law plus domestic and family violence.
History of Civil Legal Aid in Oklahoma 1940’s Some county bar organizations provided legal aid to veterans & their families. 1950’s The Oklahoma Bar Association and local United Ways created funding for free civil legal aid. 1964 Legal Aid became part of the U.S. War on Poverty and rec
provides legal aid to defend the accused.”33 State-Subsidized Legal Aid China’s state-subsidized legal aid program is substantial and detailed. Under the Regulations on Legal Aid, the PRC legal aid system has four levels.34 At the national
criminal justice systems, particularly in Africa". Definition of legal aid in the criminal justice system The starting point for this survey on legal aid in Africa was the Lilongwe Declara-tion on Accessing Legal Aid in the Criminal Justice System in Africa. The survey took its definition of legal aid from the Declaration, which is as follows:
2 ABORIGINAL USE OF LEGAL AID CIVIL AND FAMILY LAW SERVICES 41 2.1 Legal Aid for Civil Law Matters 2.1.1 Applications for Civil Aid 2.1.2 Applications for Civil Aid by Gender 2.1.3 Successful Grants of Legal Aid for Civil Law Matters 2.1.4 Grants of Civil Aid by Gender 2.2 The Provision of Minor Assistance for Civil Law Matters
An Introduction to Random Field Theory Matthew Brett , Will Penny †and Stefan Kiebel MRC Cognition and Brain Sciences Unit, Cambridge UK; † Functional Imaging Laboratory, Institute of Neurology, London, UK. March 4, 2003 1 Introduction This chapter is an introduction to the multiple comparison problem in func-
