Core Value 2: Not arbitrary and has checks and balances

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  • 1. No person is subjected to arbitrary search, arrest, detention or exile.[1]
  • 2. Every person has the right to an effective remedy by a competent tribunal for acts violating the fundamental rights granted him or her by the constitution or by law.[2]
  • 3. Judgments in all cases, including appeals, are based on the rule of law.[3]
  • 4. Every person convicted of a crime has the right to review of the conviction and sentence according to the rule of law by an independent, impartial and competent higher tribunal.[4]

See Core Values

References

  1. UDHR, Art. 9, 17; ICCPR, Art. 9; CRC, Art. 37.
  2. UDHR, Art. 8; ICCPR, Art. 9.
  3. HRC (Human Rights Committee) General Comment No. 32, Article 14: Right to equality before courts and tribunals and to a fair trial, para. 29, 24 July 2007.
  4. ICCPR, Art. 14; CRC, Art. 40; CMW, Art. 18; HRC General Comment No. 13, Article 14: Equality before the courts and the right to a fair and public hearing by an independent court established by law, para. 17, 12 April 1984.