Difference between revisions of "Core Value 2: Not arbitrary and has checks and balances"

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Revision as of 22:38, 7 April 2010

  • 1. No person is subjected to arbitrary search, arrest, detention or exile.[i]
  • 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.[ii]
  • 3. Judgments in all cases, including appeals, are based on the rule of law.[iii]
  • 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.[iv]


Footnotes:

[i] UDHR, Art. 9, 17; ICCPR, Art. 9; CRC, Art. 37.

[ii] UDHR, Art. 8; ICCPR, Art. 9.

[iii] 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.

[iv] 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.