Senior Human Rights Adviser to the UN RCHC in Jordan Speech at Legal Aid Conference

I would like to express my appreciation for this kind invitation and am pleased to share with you a few observations on how the international human rights framework can contribute towards a national legal aid system in Jordan.  

Access to justice is fundamental to democracy, as it ensures that people can hold decision makers accountable. It is essential to the rule of law, as it ensures equal and independent adjudication of the norms that bind all people and institutions, whether public or private. Furthermore, access to justice is an expression of human rights, as it is intrinsically linked to the rights to an effective remedy, to equality before the courts, to a fair trial and to equality and non-discrimination, and is also linked to the protection and promotion of all other human rights, like realizing the right to decent work, or right to health.

Access to justice is essential for preventing human rights violations, which in turn is key to sustaining both peace and development, as illustrated by the inclusion of access to justice in the 2030 Agenda for Sustainable Development, whose Target 16.3 of Goal 16 is about promoting the rule of law at the national and international levels and ensuring equal access to justice for all.

In 2019, a Task Force on Justice found however that more than 5 billion people lacked meaningful access to justice. That “global justice gap” affects mainly marginalized individuals, and discrimination, for example based on gender or economic status, is often at the heart of the problem. The COVID-19 pandemic exacerbated these long-standing issues.

Legal aid is a key element of access to justice. It eliminates one obstacle that hampers access to justice. People who are otherwise unable to afford legal counsel, representation and access to the court system are being provided with assistance. Legal aid is at the core of the equality requirement and of the overarching objective of the 2030 Agenda: to leave no one behind. Access to legal aid translates into access to justice for the poor, the marginalized, and the disadvantaged. Legal aid helps these persons navigate the justice system, which can be complicated and overwhelming.

Let me now suggest how the international human rights framework could inform the national legal aid system in Jordan:

Besides the 1990 Basic Principles on the Role of Lawyers and the United Nations Principles and Guidelines on Access to Legal Aid in Criminal Justice Systems, adopted by the General Assembly in 2012, which made it an obligation for Member States to put in place accessible, effective, sustainable and credible legal aid systems, with specialized services for groups, particularly children and women , as you know, Jordan has ratified a number of human rights treaties including the International Covenant on Civil and Political Rights, the Convention on the Elimination of Discrimination against Women, the Convention on the Rights of the Child or the Convention on the Rights of Persons with Disabilities.

Under each of these human rights treaty provisions, there is a wealth of interpretative documentation available in the form of General Comments/Recommendations (like GC 32 on right to a fair trial; or GR 33 on women’s access to justice), but also through Human Rights Council resolutions. These can assist in framing the legal aid system at the national level.

For example Human Rights Council resolution 36/16 (from 2017) on “human rights in the administration of justice, including juvenile justice”, in its paras 5, 9, 14,  and 18, calls among others, on States “to include in their efforts to implement the 2030 Agenda for Sustainable Development and their national development plans the administration of justice as an integral part of the development process, and to allocate adequate resources for fair and effective justice systems, including the provision of legal aid services…,” and the resolution invites the international community to support such efforts.

In its Voluntary National Review Report 2022, reporting on the implementation of the 2030 Agenda and SDG 16, Jordan advised that it “accorded special attention to implementing legislative amendments to a number of laws, including establishing a fund for legal aid.”

Also, the International Principles & Guidelines on “Access to Justice for Persons with Disabilities” which were released in 2020 by three UN human rights mechanisms are a practical tool to support States in designing and implementing justice systems that provide equal access to justice for persons with disabilities, in line with international human rights standards.

Secondly, the United Nations human rights framework includes independent experts, so-called Special Rapporteurs, appointed by the UN Human Rights Council which author thematic reports including highlighting good practices from other UN Member States.

The United Nations Special Rapporteur on the independence of judges and lawyers, issued a report in 2013 urging States to develop and sustain effective legal aid systems as an essential component of a fair and efficient justice system founded on the rule of law.

Allow me to highlight some recommendations which could be of relevance to today’s discussions. Among others, the report recommends that States should consider enacting specific legislation to establish a comprehensive legal aid system that is accessible, effective, sustainable and credible. Where responsibilities to provide legal aid are shared among different institutions, appropriate mechanisms should be put into place to facilitate coordination to maximize the effectiveness of legal aid. Regardless of the structure of the legal aid programme or its formal status, it is of paramount importance that legal aid schemes be autonomous, independent, effective, sustainable and easily available in order to ensure that they serve the interests of those who need financial support to have access to justice on an equal basis with others. The report also recommends that legal aid should be as broad as possible, and should not only include the right to free legal assistance in criminal proceedings, but also the provision of effective legal assistance in any judicial or extrajudicial procedure aimed at determining rights and obligations.

Lastly, in addition to Special Rapporteurs, other human rights mechanisms have addressed recommendations to Jordan regarding “access to justice” and “legal aid”, like the Committee on the Elimination of Discrimination against Women or the Committee on the Rights of the Child.

During the 2018 Universal Period Review Process, Jordan committed to take further steps to remove the persisting barriers to women’s access to justice (UPR 135.94 and 135.95), and for migrant female workers (UPR 136.20).

(You can find all these recommendations at the Universal Human Rights Index database.)

Now is the time to implement these recommendations also prior to the next UPR review at the outset of 2024.

Let me conclude by suggesting that closing the justice gap requires working from the bottom up to empower people with the tools and knowledge to claim their rights, and to work from the top down to make laws and institutions more effective, accessible, accountable and responsive. And it requires to prioritize those most at risk of being left behind. A people-centred approach to justice would promote human rights, build trust and address the root causes of many global challenges, including fragility and inequality.

I look forward to engaging with you today.