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Statement delivered by Italy at High-level debate of the United Nations General Assembly on “Equal Access to Justice for All: Advancing Reforms for Peaceful, Just and Inclusive Societies” – New York, 15 June 2023

DPR

Madam Chair,

I thank the Presidency of the General Assembly and the United Nations Office of Drugs and Crime for holding this important debate, which provides a new opportunity to raise awareness on the importance of guaranteeing equal access to justice for all.

The theme was proposed by Italy, as facilitator of the General Assembly’s annual resolution 77/237, entitled “Strengthening the United Nations Crime Prevention and Criminal Programme, in particular, its Technical Cooperation Capacity”. Italy firmly believes that access to justice for everyone is a cornerstone of a fair and inclusive society, establishing the need to provide legal aid to every human being.

Ten years ago, this General Assembly adopted resolution 67/187, entitled “United Nations Principles and Guidelines on Access to Legal Aid in Criminal Justice Systems” that states “legal aid is an essential element of a fair, humane and efficient criminal justice system that is based on the rule of law and is a foundation for the enjoyment of other rights, including the right to a fair trial, as a precondition to exercising such rights and an important safeguard that ensures fundamental fairness and public trust in the criminal justice process”.

 

In 2021 the Kyoto Declaration urged Member States to take measures to ensure effective access to legal aid for those without sufficient means.

 

Furthermore, Target 16.3 of the 2030 Agenda for the Sustainable Development Goals is focused on the promotion of the rule of law and access to justice for all.

 

In this regard, in the SDGs16 Conference held in Rome at the end of May one of the key messages was that the progress across the 2030 Agenda should be made by strengthening the rule of law and access to justice for everyone with a people-centered approach. At the same time, any effort to restore trust in public institutions must be pursued.

 

Finally, in its 32nd Session in May the Commission on Crime Prevention and Criminal Justice has dedicated its thematic discussion to enhancing the functioning of the Criminal Justice System to ensure access to justice and to realize a safe and secured society.

 

In the recent years, the right of victims, in particular the most vulnerable ones are at center of the efforts of the UN and other regional bodies, such as the European Union. In particular, the procedural rights of free legal aid, compensation and protection are considered crucial to grant justice to every person damaged by serious crimes.

 

Madame Chair,

 

Today we are here to take stock of what we have done in the field of justice reform, to share good practices and face the challenges that lie ahead.

 

As the Representative of Italy, I am proud to quote Art. 24 of the Italian Constitution that has upheld, since 1948, that:

“Everyone can take legal action to protect his or her rights and legitimate interests.

Defense is an inviolable right at every stage and level of proceedings.

The underprivileged are assured, through appropriate institutions, the means to act and defend themselves before every jurisdiction.”

Our national legal system has complied with the above-mentioned principles.

Legal aid in Italy is freely granted to every person, whether a citizen, foreigner or stateless subject, whose annual income is less than 12,000 USD. Furthermore, regardless of financial resources, legal assistance is free for all victims of crimes of sexual assault, sexual acts with minors, group sexual assault, stalking and family abuse.

Our system is not perfect. It can and should be improved to comply with all the international standards, but we have come a long way.

Madame Chair,

Let me conclude by stressing the crucial importance of joint efforts to achieve the goal of equal access to justice for all. Every single Country and Government has a role to play. We call on all partners to work closely together to create the necessary political momentum to reach this goal and turn it into reality.

I thank you, Madam Chair.