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Article 13 - Access to justice
Background
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13 Background
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Working Group | References
References
International human rights conventions and other legal instruments
Related to Draft Article 9, paragraph (a)
ICCPR,
Article 16: Everyone shall have the right to recognition everywhere as a person
before the law.
ICCPR, Article 26: All persons are equal before the law and are entitled without
any discrimination to the equal protection of the law.
CERD, Article 5(a): In compliance with the fundamental obligations laid down in article 2 of this Convention, States Parties undertake to prohibit and to eliminate racial discrimination in all its forms and to guarantee the right of everyone, without distinction as to race, colour, or national or ethnic origin, to equality before the law, notably in the enjoyment of the following rights: (a) The right to equal treatment before the tribunals and all other organs administering justice (…)
CEDAW,
Article 15 (1): States Parties shall accord to women equality with men before
the law.
Related to Draft Article 9, paragraph (b)
CEDAW, Article 15 (2): States Parties shall accord to women, in civil matters, a legal capacity identical to that of men and the same opportunities to exercise that capacity. In particular, they shall give women equal rights to conclude contracts and to administer property and shall treat them equally in all stages of procedure in courts and tribunals.
Related to Draft Article 9, paragraph (c) (i)
Cfr. CRC,
Article 12:
1. States Parties shall assure to the child who is capable of forming his or
her own views the right to express those views freely in all matters affecting
the child, the views of the child being given due weight in accordance with
the age and maturity of the child.
2. For this purpose, the child shall in particular be provided the opportunity
to be heard in any judicial and administrative proceedings affecting the child,
either directly, or through a representative or an appropriate body, in a manner
consistent with the procedural rules of national law.
Related to Draft Article 9, paragraph (d)
Cfr. CRC, Article 40(2)(b)(vi):Every child alleged as or accused of having infringed the penal law has at least the following guarantees: … (vi) To have the free assistance of an interpreter if the child cannot understand or speak the language used;
Related to Draft Article 9, paragraph (e)
CERD, Article 5(d): States Parties undertake (…) to guarantee the right of everyone, without distinction as to race, colour, or national or ethnic origin, to equality before the law, notably in the enjoyment of the following rights: … (v) The right to own property alone as well as in association with others; (vi) The right to inherit;
CEDAW, Article 13(b): States Parties shall take all appropriate measures to eliminate discrimination against women in other areas of economic and social life in order to ensure, on a basis of equality of men and women, the same rights, in particular: … (b) The right to bank loans, mortgages and other forms of financial credit;
CEDAW, Article 15 (2): …In particular, [States Parties] shall give women equal rights to conclude contracts and to administer property and shall treat them equally in all stages of procedure in courts and tribunals.
Related to Draft Article 9, paragraph (f)
CEDAW, Article 15 (2): …In particular, [States Parties] shall give women equal rights (…) to administer property…
Cfr. UDHR
(Universal Declaration of Human Rights), Article 17:
1. Everyone has the right to own property alone as well as in association with
others.
2. No one shall be arbitrarily deprived of his property.
Disability-specific
instruments
Principles
for the Protection of Persons with Mental Illness and the Improvement of Mental
Health Care
Adopted by the United Nations General Assembly, forty-sixth session, Resolution 46/119 of 17 December 1991
1. Every
patient in a mental health facility shall, in particular, have the right to
full respect for his or her:
(a) Recognition everywhere as a person before the law;