With respect to access to justice, the Basic Principles provide for a right to counsel in criminal cases, and require governments to take steps to ensure equal access to legal services regardless of race, gender, religion or other classification.  This is a strong proposition in favor of equal access to justice for all.   To achieve this aim, the Basic Principles also call for funding and resources for legal services for the poor.  This obligation rests not just on governments, but on the legal profession itself through the work of professional associations and civil society organizations.  The Basic Principles also understand that providing services for the poor are insufficient without significant public outreach and education, and thus demand the establishment of such programs, especially directed towards the poor and disadvantaged members of society.

Regardless of whether a nation follows an accusatorial or inquisitorial system of criminal justice, the Basic Principles also recognize certain fundamental rights to legal assistance for criminal defendants.  For example, upon arrest or detention, the accused is to be “immediately informed by the competent authority of their right to be assisted by a lawyer of their own choice.”  Criminal defendants are also entitled to competent counsel to be paid for by the state in cases where the defendant cannot afford counsel.  Understanding that immediate access to counsel is necessary, the Basic Principles embody an obligation of timeliness in the access to counsel, regardless of whether the individual has been officially charged with a crime. Finally, in order to forestall any attempt by law enforcement to interfere with the attorney-client relationship, the Basic Principles dictate that anyone arrested, detained or imprisoned must have the ability to communicate confidentially and in private with counsel. 

Because none of these principles have meaning without a competent and well-educated corps of legal professionals, the Basic Principles embrace the evolving understanding of the critical importance of education and training for lawyers as to both legal and ethical rules and obligations.  As such, “[g]overnments, professional associations of lawyers and educational institutions shall ensure that lawyers have appropriate education and training and be made aware of the ideals and ethical duties of the lawyer and of human rights and fundamental freedoms recognized by national and international law.” Legal education must also be available on an equal basis, and entry into the legal profession cannot be denied on the basis of race, gender, religion or other classification (excepting the requirement of citizenship/nationality to practice in a particular jurisdiction).  To ensure the quality and ethical standards of the profession, states should also develop codes of conduct that are enforced through expeditious investigation and fair proceedings.

Finally, the Basic Principles impose a duty of governments to refrain from interfering with the duties of the legal profession and the ability of lawyers to perform services on behalf of their clients. This obligation includes ensuring that lawyers are able to perform their duties without intimidation, hindrance, harassment or improper interference.  Embodied in this goal is right guaranteed to lawyers to free expression, belief, association and assembly.  Because professional legal associations often provide a key mechanism for lawyers to share information and develop law and policy, the Basic Principles include the right to form and join independent and “self-governing professional associations to represent their interests, promote their continuing education and training and protect their professional integrity.”