Introduction
In 2020, there were 96.5 million people in the European Union (EU) at risk of poverty or social
exclusion according to Eurostat, representing 21.9% of the population.3 Lack of access to fundamental
rights, including access to a lawyer and to justice, is a component of poverty. As stated by the former
UN special rapporteur on extreme poverty and human rights, “[l]ack of access to justice is a major
reason why people fall into and remain in extreme poverty, and therefore access to justice is not only
a human right in itself but also an essential tool to tackle poverty and inequality.”4
Access to legal advice and legal representation is essential to understanding and exercising one’s
rights, including those of suspects and accused persons. Access to legal aid is central to enabling
people living in poverty to access justice. Systems which do not provide effective access to legal advice
and representation contribute to further the impoverishment and social exclusion of people living in
poverty, entrenching deep societal inequalities. When it comes to criminal proceedings, the issue of
access to legal aid needs to be assessed in the light of the fact that those who enter the criminal justice
system are overwhelmingly people experiencing poverty.5
3. Eurostat, One in five people in the EU at risk of poverty or social exclusion, 15 October 2021.
4. Conference Proceedings “How access to justice can help reduce poverty” 2013.
5. See for example Fair Trials, Disparities and Discrimination in the European Union’s Criminal Legal Systems, 2021,
p.6, https://www.fairtrials.org/articles/publications/disparities-and-discrimination-in-the-european-unions-criminal-legal-systems/.
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