NCJ Number
80579
Date Published
1972
Length
279 pages
Annotation
This United Nations study discusses methods for improving equality in the administration of justice in accordance with Article 10 of the Universal Declaration of Human Rights.
Abstract
This study deals with equality in relation to hearings in which a person's rights, obligations, or guilt are determined. Inequality in the substantive law applied by the courts is outside the study's scope. The study was based on the information contained in conference room papers dealing with 86 countries and various nonself-governing territories. The history of equality in the administration of justice as evidenced in judicial organization and procedure is traced through common law and civil law. This is followed by a discussion of the meaning of equality in the administration of justice as defined in the following rights: access to tribunals; to be heard by one's lawful judge; to be heard by an independent and impartial tribunal; to a fair hearing in the determination of criminal charges, civil proceedings, and administrative and other proceedings; a speedy hearing; a public hearing; and appeal. The grounds on which discrimination operates in the administration of justice are discussed under the topics of race, sex, language, religion, political or other opinions, national origin, property, social position or other status, and status of the territory to which a person belongs. Methods adopted to combat discrimination in the administration of justice are described as implemented through the role of the courts, remedies before the higher courts, the rule of the legal professions, and other offices and government institutions. Conclusions and recommendations are presented for both national and international levels. Footnotes are included. Appended are a discussion of study methodology, an outline for the collection of information, and principles of equality in the administration of justice.