Public Defense in the Americas

Data

Status

Active

Start

2011

Implementation

Social Networks

@DDIOEA

The OAS General Assembly has been adopting resolutions on public defense since 2011, consolidating an inter-American political framework that recognizes legal aid as an essential component of access to justice. Since 2013, the Committee on Juridical and Political Affairs (CAJP) of the Permanent Council, with the support of the Department of International Law, has organized special sessions dedicated to this issue. These meetings have included the active participation of Member States and their official public defense institutions, the Inter-American Association of Public Defenders (AIDEF), academic experts, civil society representatives, and international organizations. The most recent of these sessions was held virtually on March 31, 2022, allowing the dialogue to continue despite the restrictions imposed by the pandemic.

In 2016, as the result of an initiative submitted by AIDEF, the Inter-American Juridical Committee (CJI) adopted ten Principles and Guidelines on Public Defense in the Americas. These principles stress that access to justice is a fundamental human right, which does not end with entry into a judicial proceeding but must be ensured throughout all stages of the process. They also reinforce the idea that adequate protection of the right to defense requires a state-provided, free, and accessible legal aid service for all citizens.

The CJI report further highlighted the role of public defenders in the prevention, reporting, and support of victims of torture and other cruel, inhuman, or degrading treatment. In this framework, it emphasized the importance of ensuring the independence and functional, financial, and budgetary autonomy of official public defense, as well as broadening its scope to cover all jurisdictions, not limited solely to criminal matters. Finally, it urged States to remove any obstacles that might impede or restrict effective access to public defense and to consolidate legal aid services that strengthen the rule of law and the inter-American commitments to human rights.

Principles and Guidelines on Public Defense in the Americas (Annex: CJI/doc.509/16 rev.2)

Objectives

Guarantee the adequate protection of the right to legal defense.
Present access to justice as a fundamental human right throughout all procedural stages.
Strengthen the role of public defenders in the prevention, reporting, and support of victims of torture and other cruel, inhuman, or degrading treatment.
Promote the independence and functional, financial, and budgetary autonomy of official public defense.
Expand the presence of public defense to all jurisdictions, beyond the criminal sphere.
Urge States to eliminate obstacles that limit access to public defense.
Ensure state-provided, free, and quality legal aid services.
Promote the adoption and implementation of the 10 principles and guidelines on public defense in the Americas.

Activities

Adoption of General Assembly resolutions on public defense since 2011.
Organization of extraordinary sessions by the CAJP (since 2013), with support from the Department of International Law.
Participation of multiple actors: Member States, official legal aid institutions, AIDEF, academia, civil society, and international organizations.
Holding of virtual sessions to maintain dialogue despite external restrictions.
Dissemination of the 10 principles highlighting access to justice as a fundamental human right.
Promotion of the role of public defenders in the prevention, reporting, and support of victims of torture and cruel, inhuman, or degrading treatment.
Promotion of the independence and autonomy of public defender institutions (functional, financial, and budgetary).
Expansion of the scope of public defense to all jurisdictions, beyond the criminal sphere.
Recommendation to States to remove obstacles limiting access to public defense and to guarantee free state-provided legal aid services.

Beneficiary Countries