International Standards on the Role of Defense Counsel
Introduction
In countries all across the world, defense lawyers fill a unique role in society. As advocates and protectors of those who need defending, we work tirelessly to ensure that justice is served. In our roles as attorneys, we are afforded rights and in turn must fulfill obligations. This role is defined in international treaties. Although there is no codified international law to look to in order to determine what these rights and obligations are, the Office of the United Nations High Commissioner for Human Rights has published “Basic Principles on the Role of Lawyers”.
The Basic Principles on the Role of Lawyers was adopted by the Eighth United Nations Congress on the Prevention of Crime and the Treatment of Offenders, in Havana, Cuba, in September 1990. They can be found at: http://www2.ohchr.org/english/law/lawyers.htm. The document refers to specific language within a variety of international treaties. The Principles were formed based on that language. This publication cites language from treaties and declarations that have been made and forms a set of principles to guide the practice of law in countries all across the world.
The purpose of this writing is provide an easy resource for defense attorneys about the role of lawyers. Part I will identify each treaty or instrument cited by the Principles, including quick facts about the treaty and which countries have signed on to the treaty. It will also analyze how each treaty links to ethics and the professional responsibility of lawyers. Part II will break down the Principles into simple-to-use language, along with ideas for practice.
Part One
- Charter of the United Nations
- Language:
- “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…”
- How does this treaty relate to ethics and the professional responsibility of lawyers?
- As lawyers, it is our responsibility to ensure that we fight for justice and in that capacity, that we represent our clients to the highest degree of the law. We must work to guarantee legal rights fall into the categories of human rights and fundamental freedoms. As advocates, we must not discriminate in our representation of our clients based on their race, sex, language or religion and we must also ensure that the government is not withholding our clients’ human rights and fundamental freedoms based on their race, sex, language or religion.
- Is my country a Member state of the United Nations?
- Member states (listed alphabetically):
- Afghanistan, Albania, Algeria, Andorra, Angola, Antigua and Barbuda, Argentina, Armenia, Australia, Austria, Azerbaijan, Bahamas, Bahrain, Bangladesh, Barbados, Belarus, Belgium, Belize, Benin, Bhutan, Bolivia, Bosnia and Herzegovina, Botswana, Brazil, Brunei Darussalam, Bulgaria, Burkina Faso, Burundi, Cambodia, Cameroon, Canada, Cape Verde, Central African Republic, Chad, Chile, China, Colombia, Comoros, Congo (Republic of the), Costa Rica, Côte d’Ivoire, Croatia, Cuba, Cyprus, Czech Republic, Democratic People’s Republic of Korea, Democratic Republic of the Congo, Denmark, Djibouti, Dominica, Dominican Republic, Ecuador, Egypt, El Salvador, Equatorial Guinea, Eritrea, Estonia, Ethiopia, Fiji, Finland, France, Gabon, Gambia, Georgia, Germany, Ghana, Greece, Grenada, Guatemala, Guinea, Guinea-Bissau, Guyana, Haiti, Honduras, Hungary, Iceland, India, Indonesia, Iran, Iraq, Ireland, Israel, Italy, Jamaica, Japan, Jordan, Kazakhstan, Kenya, Kiribati, Kuwait, Kyrgyzstan, Lao People’s Democratic Republic, Latvia, Lebanon, Lesotho, Liberia, Libya, Liechtenstein, Lithuania, Luxembourg, Madagascar, Malawi, Malaysia, Maldives, Mali, Malta, Marshall Islands, Mauritania, Mauritius, Mexico, Micronesia (Federated States of), Monaco, Mongolia, Montenegro, Morocco, Mozambique, Myanmar, Namibia, Nauru, Nepal, Netherlands, New Zealand, Nicaragua, Niger, Nigeria, Norway, Oman, Pakistan, Palau, Panama, Papua New Guinea, Paraguay, Peru, Philippines, Poland, Portugal, Qatar, Republic of Korea, Republic of Moldova, Romania, Russian Federation, Rwanda, Saint Kitts and Nevis, Saint Lucia, Saint Vincent and the Grenadines, Samoa, San Marino, Sao Tome and Principe, Saudi Arabia, Senegal, Serbia, Seychelles, Sierra Leone, Singapore, Slovakia, Slovenia, Solomon Islands, Somalia, South Africa, South Sudan, Spain, Sri Lanka, Sudan, Suriname, Swaziland, Switzerland, Sweden, Syria, Tajikistan, Thailand, The former Yugoslav Republic of Macedonia, Timor Leste, Togo, Tonga, Trinidad and Tobago, Tunisia, Turkey, Turkmenistan, Tuvalu, Uganda, Ukraine, United Arab Emirates, United Kingdom, United of Republic of Tanzania, United States, Uruguay, Uzbekistan, Vanuatu, Venezuela, Viet Nam, Yemen, Zambia, Zimbabwe.
