Right to a fair trial

The right to fair trial is seen as an essential right in all countries respecting the rule of law. A trial in these countries that is deemed unfair will typically be restarted, or its verdict quashed.

Various rights associated with a fair trial are explicitly proclaimed in Article 10 of the Universal Declaration of Human Rights, the Sixth Amendment to the United States Constitution, and Article 6 of the European Convention of Human Rights, as well as numerous other constitutions and declarations throughout the world.

1 Impediments
2 Requirements
3 See also
4 References
5 External links

[edit] Impediments

A fair and just trial might be impeded by:

Corruption or incompetence (judicial or otherwise)
Contempt of court (typically by the media or jurors)
Witness intimidation
A lack of legal counsel, or inequality of arms
Undue delay in procedure
Non-disclosure of evidence, through malice or through abuse of State Secrets Privilege (in the USA) or Public interest immunity (in the UK)

[edit] Requirements

Conversely, a fair trial requires:

A competent, neutral and detached judge and (if applicable) jury
Uninfluenced witnesses
Ideally, a sufficient and equal amount of legal counsel for all parties

[edit] See also

Fair Trials International

[edit] References

[edit] External links

Fair Trials International, a London based human rights charity

Articles of the Universal Declaration of Human Rights

General principles

Article 1: Freedom, Egalitarianism, Dignity and Brotherhood Article 2: Universality of rights

International Covenant on Civil and Political Rights

Article 1 and 2: Right to freedom from discrimination · Article 3: Right to life, liberty and security of person · Article 4: Freedom from slavery · Article 5: Freedom from torture and cruel and unusual punishment · Article 6: Right to personhood · Article 7: Equality before the law · Article 8: Right to effective remedy from the law · Article 9: Freedom from arbitrary arrest, detention and exile · Article 10: Right to a fair trial · Article 11.1: Presumption of innocence · Article 11.2: Prohibition of retrospective law · Article 12: Right to privacy · Article 13: Freedom of movement · Article 14: Right of asylum · Article 15: Right to a nationality · Article 16: Right to marriage and family life · Article 17: Right to property · Article 18: Freedom of thought, conscience and religion · Article 19: Freedom of opinion and expression · Article 20.1: Freedom of assembly · Article 20.2: Freedom of association · Article 21.1: Right to participation in government · Article 21.2: Right of equal access to public office · Article 21.3: Right to universal suffrage

International Covenant on Economic, Social and Cultural Rights

Article 1 and 2: Right to freedom from discrimination · Article 22: Right to social security · Article 23.1: Right to work · Article 23.2: Right to equal pay for equal work · Article 23.3: Right to just remuneration · Article 23.4: Right to join a trade union · Article 24: Right to rest and leisure · Article 25.1: Right to an adequate standard of living · Article 25.2: Right to special care and assistance for mothers and children · Article 26.1: Right to education · Article 26.2: Human rights education · Article 26.3: Right to choice of education · Article 27.1: Right to participate in culture · Article 27.2: Right to intellectual property

Context, limitations and duties

Article 28: Social order · Article 29.1: Social responsibility · Article 29.2: Limitations of human rights · Article 29.3: The supremacy of the purposes and principles of the United Nations
Article 30: Nothing in this Declaration may be interpreted as implying for any State, group or person any right to engage in any activity or to perform any act aimed at the destruction of any of the rights and freedoms set forth herein.

Category:Human rights · Human rights portal

v • d • e Particular human rights

Note: What is considered a human right is controversial and not all the topics listed are universally accepted as human rights.

Civil and political	Freedom from discrimination · Right to life · Right to die · Security of person · Liberty · Freedom of movement · Freedom from slavery · Personhood · Right to bear arms · Equality before the law · Adequate remedy · Freedom from arbitrary arrest and detention · Freedom from torture · Freedom from cruel and unusual punishment · Right to a fair trial · Presumption of innocence · Right of asylum · Nationality · Freedom from exile · Privacy · Freedom of thought and conscience · Freedom of religion · Freedom of expression · Freedom of information · Freedom of assembly · Freedom of association · Right to protest · Universal suffrage · Marriage · Family life

Economic, social and cultural	Labor rights · Fair remuneration · Equal pay for equal work · Trade union membership · Right to social security · Leisure and rest · Right to work · Right to property (intellectual) · Right to culture · Right to public participation · Right to education · Right to adequate standard of living · Right to housing · Right to development · Right to health · Right to healthcare · Right to water · Right to food · Right of return · Right to Internet access

Reproductive	Family planning · Reproductive health · Abortion · Freedom from involuntary female genital cutting

War and conflict	Civilian · Combatant · Freedom from genocide · Prisoner of war · War rape

Related philosophy	Negative and positive rights · Claim rights and liberty rights · Freedom versus license · Desert claim · Social contract · Meritocracy · Equality before the law

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Right to a fair trial

Contents

[edit] Impediments

[edit] Requirements

[edit] See also

[edit] References

[edit] External links

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