Legal Aid with regard to Right to Fair Trial in Pakistani and International Law: A Comparative Approach

Abstract

The key objective of this article is to analyze the concept of legal aid, its significance, challenges, and potential solutions. This article by using the doctrinal research methodology, presents a comparative analysis of legal aid “in the context of international law” and Pakistani law, highlighting “the” similarities and dissimilarities between the two systems. Access to justice and legal representation are fundamental principles in international and national legal frameworks, ensuring that individuals have adequate assistance in navigating the legal system's complexities. This article examines the relevant provisions in international instruments, such as the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights, which underscore the importance of legal aid. Additionally, this article explores the role of international organizations, such as the European Court of Human Rights, in providing legal aid to individuals involved in international criminal proceedings. On the other hand, Pakistani law recognizes the importance of legal aid as well, albeit with its own unique features and challenges. This article examines the constitutional provisions and statutory laws in Pakistan that guarantee the right to legal representation for individuals, particularly those who are economically disadvantaged. By understanding the similarities and dissimilarities between these systems, policymakers, legal practitioners, and scholars can identify potential areas for improvement and enhance access to justice for individuals, irrespective of their economic or social status. This article concludes that international law recognizes legal aid as a universal right and various international treaties make it mandatory for states (i.e., Pakistan) to ensure access to legal aid for those who cannot afford it.