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 “Few will have the greatness to bend history itself; but each of us can work to change a small portion of events, and in the total of all those acts will be written the history of this generation... It is from numberless diverse acts of courage and belief that human history is thus shaped. Each time a man stands up for an ideal, or acts to improve the lot of others, or strikes out against injustice, he sends forth a tiny ripple of hope and, crossing each other from a million different centers of energy and daring, those ripples build a current which can sweep down the mightiest walls of oppression and resistance.”  Robert F. Kennedy

 'Just' Logic

1. Human rights must be enshrined in law to be respected.

2. Thus, the quality of a country's rule of law is paramount where human rights are concerned.

3. The quality of the rule of law depends heavily on the degree of equality before the law in a legal system and, thus, the impartiality of courts in particular.

4. The success of enterprise in general within a country and the economic development of a nation are closely linked to whether the rule of law is strong, such that investors are treated equitably.

5. Thus, the rule of law and fair trials faciliate both enterprise and human dignity. For this reason business, government and human rights organisations should be working together to strengthen it.

6. Resources invested wisely in advancing the rule of law have by far the greatest mulitiple return in terms of social and economic development.

International accountability of judges

While it is essential judges are made accountable through transparency, Opentrial also advocates that they should be made accountable under their own domestic laws, but adjudicated at an international tribunal. This would break the impunity of miscreant judges who are corrupt, or pervert the course of justice in other ways, and who, because they currently are answerable to no one, see themselves as being above the law. The impact this would have on strengthening the rule of law in the developing world could be enormous.

However, Opentrial does not advocate a purely punitive approach. Miscreant judges should be accorded restorative justice. That is, having erred in the past, they would be given the chance to mitigate their crimes and any sanction, through adhering to strict principles of justice from a specified cut-off date.

Equality before the law

Universal Declaration of Human Rights (UDHR) of 10 December 1948. 

Article 1 : All human beings are born free and equal in dignity and rights. (.) Article 7 : All are equal before the law and are entitled without any discrimination to equal protection of the law. All are entitled to equal protection against any discrimination in violation of this Declaration and against any incitement to such discrimination. 

 

International Convenant on Civil and Political Rights (IPCPR) of 16 December 1966. 

Article 26 : All persons are equal before the law and are entitled without any discrimination to the equal protection of the law. In this respect, the law shall prohibit any discrimination and guarantee to all persons equal and effective protection against discrimination on any ground such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status. ( Ratified by Indonesia on 23 Feb 2006 )

 

Declaration on the Human Rights of Individuals Who are not Nationals of the Country in which They Live (1985). 

Establishes the rights of legitimate citizens to include, amongst others, the right to be "equal before the courts".