Adopted by the Eighth United Nations
Congress on the Prevention of Crime and the Treatment of Offenders, Havana, Cuba,
27 August to 7 September 1990
Whereas in the Charter of the United Nations the peoples of the world affirm,
inter alia, their determination to establish
conditions under which justice can be maintained, and proclaim as one of their
purposes the achievement of international cooperation in promoting and
encouraging respect for human rights and fundamental freedoms 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 to a fair and public hearing by an
independent and impartial tribunal, and all the guarantees necessary for the defence of everyone charged with a penal offence,
Whereas the International
Covenant on Civil and Political Rights proclaims, in addition, the right to be
tried without undue delay and the right to a fair and public hearing by a
competent, independent and impartial tribunal established by law,
Whereas the International
Covenant on Economic, Social and Cultural Rights recalls the obligation of
States under the Charter to promote universal respect for, and observance of,
human rights and freedoms,
Whereas the Body of
Principles for the Protection of All Persons under Any Form of Detention or
Imprisonment provides that a detained person shall be entitled to have the
assistance of, and to communicate and consult with, legal counsel,
Whereas the Standard Minimum
Rules for the Treatment of Prisoners recommend, in particular, that legal
assistance and confidential communication with counsel should be ensured to
untried prisoners,
Whereas the Safe guards
guaranteeing protection of those facing the death penalty reaffirm the right of
everyone suspected or charged with a crime for which capital punishment may be
imposed to adequate legal assistance at all stages of the proceedings, in
accordance with article 14 of the International Covenant on Civil and Political
Rights,
Whereas the Declaration of
Basic Principles of Justice for Victims of Crime and Abuse of Power recommends
measures to be taken at the international and national levels to improve access
to justice and fair treatment, restitution, compensation and assistance for
victims of crime,
Whereas adequate protection
of the human rights and fundamental freedoms to which all persons are entitled,
be they economic, social and cultural, or civil and political, requires that
all persons have effective access to legal services provided by an independent
legal profession,
Whereas professional
associations of lawyers have a vital role to play in upholding professional
standards and ethics, protecting their members from persecution and improper
restrictions and infringements, providing legal services to all in need of
them, and cooperating with governmental and other institutions in furthering
the ends of justice and public interest, The Basic Principles on the Role of
Lawyers, set forth below, which have been formulated to assist Member States in
their task of promoting and ensuring the proper role of lawyers, should be
respected and taken into account by Governments within the framework of their
national legislation and practice and should be brought to the attention of
lawyers as well as other persons, such as judges, prosecutors, members of the
executive and the legislature, and the public in general. These principles
shall also apply, as appropriate, to persons who exercise the functions of
lawyers without having the formal status of lawyers.
Access to lawyers and legal services
1. All persons are entitled to call upon the
assistance of a lawyer of their choice to protect and establish their rights
and to defend them in all stages of criminal proceedings.
2. Governments shall ensure that efficient
procedures and responsive mechanisms for effective and equal access to lawyers
are provided for all persons within their territory and subject to their jurisdiction,
without distinction of any kind, such as discrimination based on race, colour, ethnic origin, sex, language, religion, political
or other opinion, national or social origin, property, birth, economic or other
status.
3. Governments shall ensure the provision of
sufficient funding and other resources for legal services to the poor and, as
necessary, to other disadvantaged persons. Professional associations of lawyers
shall cooperate in the organization and provision of services, facilities and
other resources.
4. Governments and professional associations
of lawyers shall promote programmes to inform the
public about their rights and duties under the law and the important role of
lawyers in protecting their fundamental freedoms. Special attention should be
given to assisting the poor and other disadvantaged persons so as to enable
them to assert their rights and where necessary call upon the assistance of
lawyers.
Special safeguards in criminal justice
matters
5. Governments shall ensure that all persons
are immediately informed by the competent authority of their right to be
assisted by a lawyer of their own choice upon arrest or detention or when
charged with a criminal offence.
6. Any such persons who do not have a lawyer
shall, in all cases in which the interests of justice so require, be entitled
to have a lawyer of experience and competence commensurate with the nature of
the offence assigned to them in order to provide effective legal assistance,
without payment by them if they lack sufficient means to pay for such services.
7. Governments shall further ensure that all
persons arrested or detained, with or without criminal charge, shall have
prompt access to a lawyer, and in any case not later
than forty-eight hours from the time of arrest or detention.
8. All arrested, detained or imprisoned
persons shall be provided with adequate opportunities, time and facilities to
be visited by and to communicate and consult with a lawyer, without delay,
interception or censorship and in full confidentiality. Such consultations may
be within sight, but not within the hearing, of law enforcement officials.
Qualifications and training
9. Governments, professional associations of lawyers
and educational institutions shall ensure that lawyers have appropriate
education and training and be made aware of the ideals and ethical duties of
the lawyer and of human rights and fundamental freedoms recognized by national
and international law.
10. Governments, professional associations of
lawyers and educational institutions shall ensure that there is no
discrimination against a person with respect to entry into or continued
practice within the legal profession on the grounds of race, colour, sex, ethnic origin, religion, political or other
opinion, national or social origin, property, birth, economic or other status,
except that a requirement, that a lawyer must be a national of the country
concerned, shall not be considered discriminatory.
11. In countries where there exist groups,
communities or regions whose needs for legal services are not met, particularly
where such groups have distinct cultures, traditions or languages or have been
the victims of past discrimination, Governments, professional associations of
lawyers and educational institutions should take special measures to provide
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.
Duties and responsibilities
12. Lawyers shall at all times maintain the honour and dignity of their profession as essential agents
of the administration of justice.
13. The duties of lawyers towards their
clients shall include:
(a) Advising clients as to their legal rights
and obligations, and as to the working of the legal
system in so far as it is relevant to the legal rights and obligations of the
clients;
(b) Assisting clients in every appropriate
way, and taking legal action to protect their interests;
(c) Assisting clients before courts,
tribunals or administrative authorities, where appropriate.
14. Lawyers, in protecting the rights of
their clients and in promoting the cause of justice, shall seek to uphold human
rights and fundamental freedoms recognized by national and international law
and shall at all times act freely and diligently in accordance with the law and
recognized standards and ethics of the legal profession.
15. Lawyers shall always loyally respect the
interests of their clients.
Guarantees for the functioning of lawyers
16. Governments shall ensure that lawyers (a)
are able to perform all of their professional functions without intimidation,
hindrance, harassment or improper interference; (b) are able to travel and to
consult with their clients freely both within their own country and abroad; and
(c) shall not suffer, or be threatened with, prosecution or administrative,
economic or other sanctions for any action taken in accordance with recognized
professional duties, standards and ethics.
17. Where the security of lawyers is
threatened as a result of discharging their functions, they shall be adequately
safeguarded by the authorities.
18. Lawyers shall not be identified with
their clients or their clients' causes as a result of discharging their
functions.
19. No court or administrative authority
before whom the right to counsel is recognized shall refuse to recognize the
right of a lawyer to appear before it for his or her client unless that lawyer
has been disqualified in accordance with national law and practice and in
conformity with these principles.
20. Lawyers shall enjoy civil and penal
immunity for relevant statements made in good faith in written or oral
pleadings or in their professional appearances before a court, tribunal or
other legal or administrative authority.
21. It is the duty of the competent
authorities to ensure lawyers access to appropriate information, files and
documents in their possession or control in sufficient time to enable lawyers to
provide effective legal assistance to their clients. Such access should be
provided at the earliest appropriate time.
22. Governments shall recognize and respect
that all communications and consultations between lawyers and their clients
within their professional relationship are confidential.
Freedom of expression and association
23. Lawyers like other citizens are entitled
to freedom of expression, belief, association and assembly. In particular, they
shall have the right to take part in public discussion of matters concerning
the law, the administration of justice and the promotion and protection of
human rights and to join or form local, national or international organizations
and attend their meetings, without suffering professional restrictions by
reason of their lawful action or their membership in a lawful organization. In
exercising these rights, lawyers shall always conduct themselves in accordance
with the law and the recognized standards and ethics of the legal profession.
Professional associations of lawyers
24. Lawyers shall be entitled to form and
join self-governing professional associations to represent their interests,
promote their continuing education and training and protect their professional
integrity. The executive body of the professional associations shall be elected
by its members and shall exercise its functions without external interference.
25. Professional associations of lawyers
shall cooperate with Governments to ensure that everyone has effective and
equal access to legal services and that lawyers are
able, without improper interference, to counsel and assist their clients in
accordance with the law and recognized professional standards and ethics.
Disciplinary proceedings
26. Codes of professional conduct for lawyers
shall be established by the legal profession through its appropriate organs, or
by legislation, in accordance with national law and custom and recognized
international standards and norms.
27. Charges or complaints made against
lawyers in their professional capacity shall be processed expeditiously and
fairly under appropriate procedures. Lawyers shall have the right to a fair
hearing, including the right to be assisted by a lawyer of their choice.
28. Disciplinary proceedings against lawyers
shall be brought before an impartial disciplinary committee established by the
legal profession, before an independent statutory authority, or before a court,
and shall be subject to an independent judicial review.
29. All disciplinary proceedings shall be determined
in accordance with the code of professional conduct and other recognized
standards and ethics of the legal profession and in the light of these
principles.
