Legal Assistance

Andrea Saccucci

Chapter 48 in Elgar Concise Encyclopedia of Migration and Asylum Law, 2025, pp 280-284 from Edward Elgar Publishing

Abstract: Under international law, states must ensure that migrants enjoy equal and effective access to justice. To this end, migrants must be provided with adequate legal assistance, when necessary free of charge, by independent and qualified lawyers. Many regional and international instruments recognize the migrants’ right to receive legal assistance and representation, although with some limitations regarding, in particular, expulsion and status determination procedures. Moreover, access to legal aid is still problematic due to the lack of adequate funding and to the states’ discretion in determining the eligibility requirements. Further actions are required at the international level to improve the effective realization of the right to legal assistance by vulnerable migrants such as asylum seekers and unaccompanied children.

Keywords: Legal assistance; Legal aid; Access to justice; Migrants; Refugees; Expulsion (search for similar items in EconPapers)
Date: 2025
ISBN: 9781802204148
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