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Questions and Answers
Which international treaty prohibits discrimination in the enjoyment of rights and freedoms recognized by the Convention?
Which international treaty prohibits discrimination in the enjoyment of rights and freedoms recognized by the Convention?
What is the key requirement of the principle of equality before the law in the criminal justice system?
What is the key requirement of the principle of equality before the law in the criminal justice system?
In the context of the justice system, what can lead to unequal treatment according to the passage?
In the context of the justice system, what can lead to unequal treatment according to the passage?
Which international human rights instrument enshrines the fundamental right to equality before the law according to the passage?
Which international human rights instrument enshrines the fundamental right to equality before the law according to the passage?
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Which international human rights instrument proclaims the fundamental right to equality before the law?
Which international human rights instrument proclaims the fundamental right to equality before the law?
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What can be a significant challenge to the implementation of the principle of equality before the law according to the passage?
What can be a significant challenge to the implementation of the principle of equality before the law according to the passage?
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What is the cornerstone of the rule of law according to the Universal Declaration of Human Rights?
What is the cornerstone of the rule of law according to the Universal Declaration of Human Rights?
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Which human rights instrument aims to protect civil and political rights, including freedom of speech and freedom of religion?
Which human rights instrument aims to protect civil and political rights, including freedom of speech and freedom of religion?
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In which year was the International Covenant on Civil and Political Rights (ICCPR) adopted?
In which year was the International Covenant on Civil and Political Rights (ICCPR) adopted?
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What is the foundation of justice, fairness, and equality in society?
What is the foundation of justice, fairness, and equality in society?
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Study Notes
Fundamental Right to Equality Before Law
The fundamental right to equality before the law is a basic human right that ensures that all individuals are treated equally under the law, regardless of their race, religion, gender, or social status. This right is enshrined in various international human rights instruments, such as the Universal Declaration of Human Rights (UDHR) and the International Covenant on Civil and Political Rights (ICCPR).
Universal Declaration of Human Rights (UDHR)
The UDHR, adopted by the United Nations General Assembly on December 10, 1948, is a milestone document that proclaims fundamental human rights to be universally protected. Article 7 of the UDHR states that "all are equal before the law and are entitled without any discrimination to equal protection of the law." This principle is a cornerstone of the rule of law, which is the foundation of justice, fairness, and equality in society.
International Covenant on Civil and Political Rights (ICCPR)
The ICCPR, adopted in 1966, is a multilateral treaty that aims to protect civil and political rights, such as freedom of speech, freedom of religion, and equality before the law. Article 2 of the ICCPR requires states to respect and ensure the rights recognized in the covenant without distinction of any kind, such as race, color, sex, language, religion, political or other opinion, national or social origin, property, birth, or other status.
European Convention on Human Rights (ECHR)
The ECHR, a treaty of the Council of Europe, is a legally binding document that governs human rights in all 47 countries of the Council of Europe, including Russia. Article 14 of the ECHR prohibits discrimination in the enjoyment of rights and freedoms recognized by the Convention, including the right to equality before the law.
Equality Before the Law in Practice
Equality before the law is not just a theoretical concept; it also has practical implications. In the context of the criminal justice system, the principle of equality before the law requires that all individuals be treated equally in the process of investigation, prosecution, and punishment. This includes equal access to legal representation, the presumption of innocence, and the principle of legality.
However, the reality of equality before the law is often complex and nuanced. In many countries, systemic issues such as poverty, discrimination, and corruption can lead to unequal treatment in the justice system. For example, individuals from marginalized communities often face barriers to justice, such as lack of access to legal representation and systemic biases within the justice system.
In conclusion, the fundamental right to equality before the law is a cornerstone of human rights and the rule of law. This right is enshrined in various international human rights instruments, including the UDHR, the ICCPR, and the ECHR. While the principle of equality before the law is essential for ensuring justice and fairness in society, its implementation in practice can be challenging due to systemic issues and biases within the justice system.
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Description
Test your knowledge about the fundamental right to equality before the law, as enshrined in international human rights instruments like the Universal Declaration of Human Rights, International Covenant on Civil and Political Rights, and European Convention on Human Rights. Explore the practical implications and challenges of ensuring equality before the law in various legal systems.
