Core Value 4: Embraces concepts of equality

From Criminal Defense Wiki
Jump to: navigation, search
Globe3.png English  • español • français
  • 1. Equal protection is guaranteed and discrimination is prohibited:

Every person is equal before the law and is entitled, without any discrimination,[1] whether de facto or de jure, to equal protection of the law. Every person is entitled to equal protection against any discrimination in violation of the rights set forth herein and against any incitement to such discrimination. Every person is entitled to all the rights and freedoms set forth herein, without distinction of any kind, such as race, colour, sex, sexual orientation,[2] gender identity,[3] language, religion, political or other opinion, nationality, economic position, ethnic, indigenous or social origin, property, disability, birth, or other status. Furthermore, no distinction is made on the basis of the political, jurisdictional or international status of the country or territory to which a person belongs, whether it be independent, trust, non-self-governing or under any other limitation of sovereignty.[4]

  • 2. No person is punished for an offence that he or she has not personally committed. Collective penalties and likewise all measures of intimidation or terrorism are prohibited.[5]

See Core Values

References

  1. "Discrimination" means any distinction, exclusion, restriction or preference which is based on any ground such race, colour, sex, sexual orientation, gender identity, language, religion, political or other opinion, nationality, economic position, ethnic, indigenous or social origin, property, disability, birth, age or other status, and which has the purpose or effect of nullifying or impairing the recognition, enjoyment or exercise by all persons, on an equal footing, of all rights and freedoms. See footnotes v, vi, supra; HRC, General Comment No.18: Non-discrimination, para. 7,9 Nov. 1989; CERD, art. 1. Discrimination does not mean special measures or "affirmative action in order to diminish or eliminate conditions which cause or help to perpetuate discrimination."provided that such measures are discontinued after the objectives for which they were taken have been achieved. HRC General Comment No. 18: Nondiscrimination, para. 10, 9 Nov. 1989; see also CERD art. 1. Discrimination based on age does not mean special measures that recognize children's status as vulnerable parties in the criminal justice system, such as requirements that children be separated from adults, or special privacy guarantees for children. See ICCPR, Art. 10; CMW, Art. 18; CRC, Art. 40; Committee on the Rights of the Child, General Comment No. 10: Children's Rights in Juvenile Justice, paras. 23g, 23l, 9 Feb. 2007.
  2. Sexual orientation is not explicitly listed as prohibited grounds for discrimination under the UN human rights treaties; however, the HRC has interpreted "sex" to include sexual orientation. See Nicholas Toonen v. Australia, 488/1992, para. 8.7, 31 Mar. 1994, available at http://sim.law.uu.nl/SIM/CaseLaw/CCPRcase.nsf/3167fd85523cbf75c12567c8004d4280/db8c2d062ab50677c125664b002cc56b?OpenDocument (last visited 23 Jan. 2009).
  3. Gender identity is not explicitly listed as prohibited grounds for discrimination under the UN human rights treaties; however, see Committee Against Torture, General Comment No. 2: Implementation of Article 2 by State Parties, para. 21, 23 Nov. 2007; see also United Nations declaration on sexual orientation and gender identity, UN General Assembly, New York, 19 Dec 2008; Yogyakarta Principles, Principal 2, March 2007.
  4. UDHR, Art. 2; ICCPR, Art. 26; International Convention on Elimination of Racial Discrimination (CERD), Art. 5; International Convention on Elimination of All Forms of Discrimination Against Women (CEDAW), Art. 2; CRC, Art. 2; CRPD, Art. 13.
  5. HRC General Comment No. 29, Article 4: States of Emergency, para. 11, 24 July 2001 ("State[ ] parties may in no circumstances invoke article 4 of the Covenant as justification for imposing collective punishments"); see also Geneva Convention Relative to the Protection of Civilian Persons in Time of War, Adopted on 12 August 1949 by the Diplomatic Conference for the Establishment of International Conventions for the Protection of Victims of War, held in Geneva, Art. 33.