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Adriana DS

The Right to Due Process < Substantive Human Rights < Human Rights Concepts, ... - 0 views

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    The Right to Due Process In a broad sense, due process is interpreted here as the right to be treated fairly, efficiently and effectively by the administration of justice. The rights to due process place limitations on laws and legal proceedings, in order to guarantee fundamental fairness and justice. Due process is interpreted here as the rules administered through courts of justice in accordance with established and sanctioned legal principles and procedures, and with safeguards for the protection of individual rights. The rules applicable to the administration of justice are extensive and refer to, inter alia, fair trial, presumption of innocence and independence and impartiality of the tribunal. In most Conventions, the various rules are included in several articles. As this handbook focuses on a variety of Conventions, four elements of due process are discussed: a) quality in terms of administration of justice; b) quality in terms of protection of the rights of the parties involved; c) efficiency; and d) effectiveness. As due process rights are traditionally known among human right experts to centre on the right to a fair trial and the right to an effective remedy, the first three elements are discussed under the heading of fair trial, while effectiveness is discussed under the right to an effective remedy. A. The right to a fair trial The right to a fair trial does not focus on a single issue, but rather consists of a complex set of rules and practices. The right to a fair trial is interpreted here as the rules administered through courts of justice in accordance with established and sanctioned legal principles and procedures, and with safeguards for the protection of individual rights. The rules applicable to the administration of justice are wide and refer to, inter alia, a fair and public hearing, the presumption of innocence and the independence and impartiality of the tribunal. The importance o
Adriana DS

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shared by Adriana DS on 11 Sep 09 - Cached
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