Report No. 189

II

International Human Rights Laws

The Universal Declaration of Rights drafted in the year 1948 gave universal recognition to these rights including the right of 'access to justice' in the following manner:

Art.6: Everyone has the right to recognition everywhere as a person before the law.

Art.7: All are equal before the law and are entitled without any discrimination to equal protection of the law.

Art.8: Everyone has the right to an effective remedy by the competent national tribunals for acts violating the fundamental rights granted him by the Constitution or by law.

Art.10:Everyone is entitled in full equality to a fair and public hearing by an independent and impartial tribunal, in the determination of his rights and obligations, and of any criminal charge against him.

Art.21:(1) Everyone has the right to take part in the government of his country, directly or through freely chosen representatives.

(2) Everyone has the right of equal access to public service in his country.

Similarly, clause 3 of Article 2 of International Covenant on Civil and Political Rights, 1966 provides that each State party to the covenant undertakes 'to ensure that every person whose rights or freedom as recognized violated, shall have an effective remedy' and 'to ensure that any person claiming such a remedy shall have his right thereto determined by competent judicial, administrative or legislative authorities, and the State should also ensure to develop the possibilities of judicial remedies.

There are provisions in the International Covenant on Civil and Political Rights, the European Convention and other regional conventions that underscore the importance of the right of access to impartial and independent justice. The decision of the European Court on European Convention 1950, dealt with this aspect in Golden v. UK 1975 (1) EHRR 524 and Airey v. Ireland, 1979 (2) EHRR 305 and other cases.