Difference between revisions of "Core Value 2: Not arbitrary and has checks and balances"
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| + | {{Languages|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.<ref>UDHR, Art. 9, 17; ICCPR, Art. 9; CRC, Art. 37.</ref> | * 1. No person is subjected to arbitrary search, arrest, detention or exile.<ref>UDHR, Art. 9, 17; ICCPR, Art. 9; CRC, Art. 37.</ref> | ||
| − | * 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. 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.<ref>UDHR, Art. 8; ICCPR, Art. 9.</ref> |
| − | * 3. Judgments in all cases, including appeals, are based on the rule of law. | + | * 3. Judgments in all cases, including appeals, are based on the rule of law.<ref>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.</ref> |
| − | * 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. 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.<ref>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.</ref> |
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| + | See [[Core Values]] | ||
== References == | == References == | ||
| − | + | <references/> | |
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Latest revision as of 16:02, 30 November 2010
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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
- ↑ UDHR, Art. 9, 17; ICCPR, Art. 9; CRC, Art. 37.
- ↑ UDHR, Art. 8; ICCPR, Art. 9.
- ↑ 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.
- ↑ 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.
