Basic Principles on the Role of Lawyers
Frequently Asked Questions
What are the Basic Principles?
The Basic Principles on the Role of Lawyers are principles, adopted by the Eighth United Nations Congress on the Prevention of Crime and the Treatment of Offenders, which seek to guarantee all aspects of the right to independent counsel.
How were the Basic Principles formed?
The history of the Basic Principles on the Role of Lawyers goes back to the late 1980’s. The Seventh United Nations Congress on the Prevention of Crime and the Treatment of Offenders in its final report requested the Committee on Crime Prevention and Control to study and prepare a report on the role of lawyers in the maintenance of a fair and equitable system of administration of justice. The Economic and Social Council initiated the drafting process. On 7 September 1990, the Eighth United Nations Congress on the Prevention of Crime and the Treatment of Offenders adopted the final text of the Basic Principles in Havana, Cuba.
What is the legal status of the Basic Principles?
The Basic Principles are a soft law instrument; they are not legally binding. They were welcomed by both the Third Committee and the plenary session of the UN General Assembly, but were never explicitly endorsed. However, the Basic Principles are held in high regard and are broadly accepted.
What is the relationship between the Basic Principles and other human rights instruments?
The Basic Principles build on other human rights instruments, some of which are legally binding, including: the Universal Declaration of Human Rights, the International Covenant on Civil and Political the International Covenant on Economic, Social and Cultural Rights, and the Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment.
What are the objectives of the Basic Principles?
The objective of the Basic Principles is to assist States in their task of promoting and ensuring the proper role of lawyers. The Basic Principles are seen as an essential pre-condition for the fulfilment of the requirement that all persons have effective access to legal services.
Why is there a special human rights instrument dedicated to lawyers?
Adequate protection of the rights of citizens requires that all persons have access to legal services. These legal services can only be provided if lawyers are able to effectively, and without interference perform their proper role in the defence of those rights.
How do the Basic Principles define a lawyer?
The Basic Principles adopt a broad definition of the term ‘lawyer’. These principles also apply, as appropriate, to persons who exercise the functions of lawyers without having the formal status of lawyers.
How are the Basic Principles organised?
The Basic Principles on the Role of Lawyers consist of 29 principles. The Principles are categorised into eight chapters, consisting of the following topics: access to lawyers and legal services, special safeguards in criminal justice matters, qualifications and training, duties and responsibilities, guarantees for the functioning of lawyers, freedom of expression and association, professional associations of lawyers and disciplinary proceedings.
How does the international community monitor and support progress on the implementation of the Basic Principles?
In 1994, the Commission on Human Rights appointed a Special Rapporteur on the Independence of Judges and Lawyers. The Basic Principles are one of the most important legal instruments for the Special Rapporteur in the performance of her duties.
In addition, other human rights institutions, such as the Council of Europe, General Assembly, Human Rights Council, Security Council and the UN Working Group on Arbitrary Detention, to name a few, commonly refer to the Basic Principles in their resolutions and other documents.
Likewise, numerous NGOs commonly refer to the Basic Principles in their reports.
Download the Basic Principles