United Nations Principles and Guidelines on Access toLegal Aid in Criminal Justice Systems 7
of legal aid to foreign nationals should conform to the requirements of the
Vienna Convention on Consular Relations
8
and other applicable bilateral
treaties.
10. It should be noted that States employ different models for the provision
of legal aid. These may involve public defenders, private lawyers, contract
lawyers, pro bono schemes, bar associations, paralegals and others. The
Principles and Guidelines do not endorse any specic model but encourage
States to guarantee the 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 specic 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 Con‑
vention on the Elimination of All Forms of Discrimination against Women
12
8
United Nations, Treaty Series, vol.596, No. 8638.
9
The terms “arrest”, “detained person” and “imprisoned person” are understood as dened 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 cus‑
todial settings.
11
United Nations, Treaty Series, vol.1577, No. 27531.
12
Ibid., vol.1249, No. 20378.