8 United Nations Principles and Guidelines on Access to Legal Aid in Criminal Justice Systems and the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families.13 However, this should not be interpreted as meaning that States are bound by international and regional instruments that they have not ratified or acceded to. B. Principle 1. Principles Right to legal aid 14. Recognizing that legal aid is an essential element of a functioning criminal justice system that is based on the rule of law, a foundation for the enjoyment of other rights, including the right to a fair trial, and an important safeguard that ensures fundamental fairness and public trust in the criminal justice process,14 States should guarantee the right to legal aid in their national legal systems at the highest possible level, including, where applicable, in the constitution. Principle 2. Responsibilities of the State 15. States should consider the provision of legal aid their duty and respon‑ sibility. To that end, they should consider, where appropriate, enacting specific legislation and regulations and ensure that a comprehensive legal aid system is in place that is accessible, effective, sustainable and credible. States should allocate the necessary human and financial resources to the legal aid system. 16. The State should not interfere with the organization of the defence of the beneficiary of legal aid or with the independence of his or her legal aid provider. 17. States should enhance the knowledge of the people about their rights and obligations under the law through appropriate means, in order to prevent criminal conduct and victimization. 13 Ibid., vol. 2220, No. 39481. The term “justice process” is understood as defined in the Guidelines on Justice in Matters involving Child Victims and Witnesses of Crime (Economic and Social Council resolution 2005/20, annex). For the purpose of the Principles and Guidelines, the term shall also encompass extradition, transfer of prisoners and mutual legal assistance proceedings. 14