Mezinárodní standardy týkající se právnické profese
Bezplatné poskytování právních služeb v mezinárodních standardech týkajících se právnické profese
Council of Europe (Rada Evropy)
Recommendation Rec (2000) 21 on the freedom of exercise of the profession of lawyers(1)
Principle IV – Access to lawyers for all persons to lawyers
1. All necessary measures should be taken to ensure that all persons have effective access to legal services provided by independent lawyers.
- 2. Lawyers should be encouraged to provide legal services to person in economically weak position.
- 3. Governments of member states should when appropriate to ensure effective access to justice, ensure that effective legal services are available to persons on economically weak position…
Principle V – Associations
4. Bar associations and other professional lawyer’s associations should be encouraged to promote…participation of lawyers in schemes to ensure access to justice of persons in economically weak position, in particular provision of legal aid and advice
From the Explanatory Memorandum on the Recommendation Rec (2000) 21 on the freedom of exercise of the profession of lawyer (2)
Principle IV – Access for all persons to lawyers
46. Strictly linked to the question of the freedom of exercise of the profession of lawyer, is the need for lawyers to make their services available to all sectors of the society, and to promote the cause of justice by protecting human, economic, social and cultural, as well as civil and political rights, of individuals (Principle IV). Indeed, equal access to the law for the rich and poor alike is essential to the maintenance of the Rule of Law. It is therefore important to provide effective legal services to all those whose rights and interests are threatened, including persons who are not able to pay for it. The primary obligation to provide these services and to guarantee their quality is the responsibility of the legal profession and arises from its independence. However, the State (and the community as a whole) has an obligation to assist the legal profession in carrying out this responsibility.
47. The provision of legal services for the poor and disadvantaged does not necessarily include an obligation to represent these persons in court, but refers to the need to educate and counsel them as to their rights, and the ways to defend and secure them (Principles IV.1 and IV.2). One of the means of reaching this goal could be, for instance, for lawyers to be involved in organizations working in poor communities, informing persons about relevant laws and procedures, through which the members of these communities could protect and promote their rights and, where appropriate, ask for the assistance of lawyer.
48. The Recommendation further underlines that it is the responsibility of governments to ensure the availability of legal services programs. In addition to the contribution of governments, Bar associations or other professional associations of lawyers should endeavor to promote and provide such programs (Principle IV.3).
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51. Finally, it should be noted that the provisions of Principle IV apply to all lawyers within the meaning of this Recommendation and not only to lawyers defending persons, who have been charged with a criminal offence.
Principle V – Associations
53.
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However, Bar associations and other lawyers’ professional associations should endeavor to co-operate with governments in order to ensure that every person has effective and equal access to legal services………….
United Nations (OSN)
UN Basic Principles on the Role of the Lawyer(3)
Access to lawyers and legal services
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 programs 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.
Professional associations of lawyers
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.
[1] http://cm.coe.int/ta/rec/2000/2000r21.htm,
http://cm.coe.int/ta/rec/2000/ExpRec(00)21.htm, explanatory memorandum
[2] http://cm.coe.int/ta/rec/2000/2000r21.htm,
http://cm.coe.int/ta/rec/2000/ExpRec(00)21.htm, explanatory memorandum
[3] http://www.unhchr.ch/html/menu3/b/h_comp44.htm,
