Protection of Legal Services under the European Convention on Human Rights
|Auteur||Justin Friedrich KRAHÉ|
|Directeur /trice||Prof. Dr. Anne Peters|
|Résumé de la thèse||
Lawyers in International and European Public Law
Lawyers play a critical role in securing human rights, the rule of law and democracy. Whether in the courts, when providing legal advice, or in their role as public watchdogs, practitioners with legal training exercise key functions in societies built upon and striving to uphold these values. Since individuals are typically not in a position to access the legal system of their own accord, victims of human rights violations and active citizens will normally need to find lawyers to advise or represent them. Without lawyers, people are effectively locked out of the legal system, depriving them of access to justice and the means to defend other basic human rights. As the United Nations Basic Principles on the Role of Lawyers, adopted in 1990 at the Eighth United Nations Congress on the Prevention of Crime and the Treatment of Offenders and later welcomed by the United Nations General Assembly, put it in their penultimate preambulatory paragraph: “Adequate protection of the human rights and fundamental freedoms to which all persons are entitled, be they economic, social and cultural, or civil and political, requires that all persons have effective access to legal services provided by an independent legal profession”.
A society that pursues the aforementioned goals must therefore ensure that the public has access to high-quality legal advice and representation provided by skilled professionals, all the while maintaining prices that do not make it impossible to access these services. Yet for many lawyers worldwide, the exercise of their profession carries severe and sometimes even existential risks. Lawyers are threatened, imprisoned, or even killed for exercising their profession. Private and public actors opposed to the goals above are increasingly targeting those who defend them, both internationally and within Europe, while simultaneously taking aim at collective organisations trying to protect lawyers.
What is the situation now with respect to lawyers in international law, and what has changed since the 1990 UN Basic Principles? The research project aims to answer this question by examining the position of lawyers in international and European public law against the background of the developments of the last decades.
|Délai administratif de soutenance de thèse||2024|