Basic Principles on the Role of Lawyers

The United Nations Basic Principles on the Role of Lawyers constitute the most authoritative set of international norms on the position of lawyers. Such principles prove of utmost importance, given that we continuously are informed of examples of lawyers being threatened, imprisoned and even murdered for executing the legal profession are still ubiquitous worldwide.

In 1990, the Basic Principles were adopted by the Eight United Nations Congress on the Prevention of Crime and the Treatment of Offenders in Havana, Cuba. Access to justice and fair trial were then - and are still - the basis of these principles.

The Principles set out the key standards to ensure lawyers can perform their duties effectively and independently. The Principles enshrine:

  1. Access to Lawyers and Legal Services:
    • a. Everyone has the right to request and receive legal assistance. This applies at all stages of legal proceedings, especially from the moment of arrest or detention.
    • b. Governments must ensure access to affordable legal services, including setting up legal aid schemes for those without sufficient means.
  2. Special Safeguards in Criminal Justice:
    • a. Detainees must have access to a lawyer promptly and be informed of this right immediately upon arrest.
    • b. Lawyers should have adequate time and facilities to meet their clients in private and to prepare a defence.
  3. Qualifications and Training:
    • a. States should ensure proper education and training for lawyers, emphasizing human rights and professional ethics.
    • b. Admission to the legal profession must be based on objective criteria like education, competence, and integrity, without discrimination.
  4. Guarantees for the Functioning of Lawyers:
    • a. Lawyers must be able to carry out their duties freely, without facing threats, harassment, or interference.
    • b. They should not face prosecution or sanctions for lawful actions taken in the course of their professional duties.
    • c. They must have access to relevant information and the ability to communicate with clients freely.
  5. Freedom of Expression and Association:
    • a. Lawyers have the same rights to free expression, belief, assembly, and association as others, and should be able to discuss law reform and justice issues without restriction.
  6. Professional Associations of Lawyers (We at AIJA particularly like this one!):
    • a. Lawyers have the right to form and join independent professional associations to represent their interests, promote continuous education, and defend their independence.
  7. Disciplinary Proceedings:
    • a. Disciplinary actions against lawyers must follow fair procedures, including impartial hearings and the right to appeal. Disciplinary bodies should be independent and include representation from the legal profession.

We believe that all AIJA members, former, past and future should be acquainted with the Basic Principles.

Therefore, we invite you to take notice of the Basic Principles on this website and invoke them, or advocate for them within your jurisdiction or behalf of others when they are in jeopardy.