Legal aid plays a crucial role in providing access to justice for individuals who may not have the means to defend their rights in the criminal justice system or navigate the complexities of the legal system. It ensures that everyone, regardless of their socio-economic status, has an equal opportunity to seek and obtain justice
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Access to Justice for the Marginalized and Disadvantaged: Legal aid is particularly important for the poor, marginalized, and disadvantaged individuals who may not have the financial resources to hire a lawyer or pay court fees. It protects the rights of those who are detained, arrested, or imprisoned, as well as those suspected, accused, or charged with a criminal offense. It also supports victims and witnesses, helping them navigate the justice system, which can be overwhelming and complicated
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Recognition by International Bodies: The United Nations recognizes the importance of legal aid in ensuring access to justice. The United Nations Principles and Guidelines on Access to Legal Aid in Criminal Justice Systems, adopted by the General Assembly in 2012, make it an obligation for member states to establish accessible, effective, sustainable, and fair legal aid systems
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Savings and Prevention of Family Violence: Legal aid has been shown to deliver significant savings to the community, government, and the justice system. For example, a report commissioned by National Legal Aid found that legal assistance prevents family violence and saves approximately $600 million. In family law matters, where 86% of cases involve a risk of family violence, legal aid plays a crucial role in protecting vulnerable individuals and preventing the escalation of violence
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Constitutional Guarantees and Laws: In many countries, including India, legal aid and access to justice are guaranteed by the constitution. For instance, in India, Articles 21 and 39-A of the Constitution ensure legal aid for the poor and marginalized sections of society. Various laws and schemes enacted by the government and the judiciary further support legal aid and access to justice
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Promoting Equality and Fairness: Legal aid is essential in guaranteeing equal access to justice for all individuals, regardless of their financial means. It ensures that individuals have the opportunity to be assisted by legal professionals, receive financial aid, and have a fair trial. Legal aid programs help protect the rights of millions of people in areas such as housing, consumer issues, family matters, education, employment, and more
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