(a) The right to
equal treatment before the tribunals and all other organs administering justice
The suspension decision potentially limits the right of Sri Lankan and Afghan nationals to equality before the law including
equal treatment before tribunals and other organs administering justice (protected under article 5 of ICERD), and the right to freedom from arbitrary detention (protected under article 9 of the International Covenant on Civil and Political Rights).
Finally, respect for human rights obligations, especially the right of indigenous communities «to practice and revitalise their cultural traditions and customs» [74] and to equality before the law, including in the enjoyment of the right to
equal treatment before the tribunals and all other organs administering justice [75], calls for the development of principles which address the unique evidentiary issues involved in native title litigation, including the reality of claims based substantially upon orally - transmitted traditions, the lack of written records of indigenous laws and customs, the «unsceptical» receipt of uncorroborated historical evidence incapable of being tested under cross-examination, and the epistemological, ideological and cultural limitations of historical assessments of traditional laws and customs by non-indigenous commentators.
(a) the guarantees of equality before the law and racial non-discrimination [34] in article 26 of the International Covenant on Civil and Political Rights («ICCPR») and articles 2 and 5 of the Convention on the Elimination of All Forms of Racial Discrimination («CERD»), in particular the obligation in article 5 of CERD to prohibit and to eliminate racial discrimination and to guarantee the right of everyone to equality before the law, including in the enjoyment of (a) the right to
equal treatment before the tribunals and all other organs administering justice, (d)(v) the right to own property alone as well as in association with others [35], and (d)(vii) the right to freedom of religion [36];
In particular, States have an obligation in article 5 of ICERD to prohibit and to eliminate racial discrimination and to guarantee the right of everyone to equality before the law, including in the enjoyment of the right to
equal treatment before the tribunals and all other organs administering justice, [17] the right to freedom of religion [18], and the right to own property alone as well as in association with others.
Article 5 of ICERD requires that all peoples have the right to
equal treatment before the law [102] and the right to participate in the conduct of public affairs.
Consequently, it was recognised that where there are fundamental differences between a majority population and minority groups or Indigenous peoples, mere
equal treatment before the law (through the application of general laws to their particular circumstances) will result in a failure to protect their fundamental human rights.
Importantly, the meaning of equality under international law is not limited to
equal treatment before the law.
Not exact matches
Among them are life, liberty, security of person, freedom from slavery and from torture and inhumane
treatment; equality
before the law; the right to judicial remedies for wrongs; freedom from arbitrary arrest and detention; fair trials and due process of law, including the presumption of innocence; privacy; freedom of movement;
equal rights in marriage; freedoms of speech, press, assembly and association; and free elections.
According to the Human Rights Campaign, she voted against the repealing of «Don't Ask, Don't Tell» legislation, opposed legislation that would grant
equal tax
treatment for employer - provided health coverage for domestic partners, opposed legislation to grant same - sex partners of U.S. citizens and permanent residents the same immigration benefits of married couples and opposed legislation to permit state Medicaid programs to cover low - income, HIV - positive Americans
before they develop AIDS.
«As visitors tour the special sites that New York offers, I hope they will be inspired by the legacy of the advocates that came
before us and continue the quest to ensure
equal treatment for all,» said Lieutenant Governor Kathy Hochul in a statement.
City officials have argued the new requirements will require twice as many stops as
before and likely prompt parents of students at charter schools and other private schools to clamor for
equal treatment.
This true story fills a needed niche, spotlighting women's basketball in the era
before Title IX promoted
equal treatment.
Before these developments, it was widely accepted that all teachers were
equal or at least to be treated equally; now there is an official basis for differentiation in
treatment.
Importance: The primary issue
before the Court of Appeal was whether the Divisional Court properly applied the reasonableness standard to the Tribunal's decision — the blog posts did not infringe Ms. Taylor - Baptiste's right to
equal treatment «with respect to employment without discrimination» under section 5 (1) of the Code.
Judge Tanaka of the International Court of Justice stated, in the South West Africa case, that «The principle of equality
before the law does not mean the absolute equality, namely the
equal treatment of men without regard to the individual, concrete circumstances, but it means the relative equality, namely the principles to treat equally what are
equal and unequally what are unequal... To treat unequal matters differently according to their inequality is not only permitted but required», (1966) ICJ Rep 6, pp303 - 305.
The principle of equality
before the law does not mean the absolute equality, namely the
equal treatment of men without regard to individual, concrete circumstances, but it means the relative equality, namely the principle to treat equally what are
equal and unequally what are unequal... To treat unequal matters differently according to their inequality is not only permitted but required.
The above «why» list is much longer than this space allowed but landlords must start speaking up and asking their elected officials why there are two different judicial, legislative and even bureaucratic standards for tenants and landlords within a democratic nation that is supposed to guarantee
equal rights and
treatment before the law.