THE NATURE OF LEGAL AID RIGHTS: CIVIL OR SOCIAL/WELFARE RIGHT? POSSIBLE IMPLICATIONS UNDER THE 'RATCHET EFFECT' DOCTRINE

Abstract

This text is the transcription of a lecture delivered on January, 13^th 2015, at the IALS - Institute of Advanced Legal Studies of the University of London, as part of the Postdoctoral Program held there. The issue of the legal nature of the right to free legal assistance, recognized on the international stage as a human right, is discussed, focusing on the controversy regarding it as a civil / political right or a social / economic right. It is argued that the definition of such a classification is relevant because it can have important practical consequences, especially with regard to the progressive nature - and possibly eventual setbacks - to which its implementation could be subject.