The New Zealand Centre for Human Rights Law, Policy and Practice


Right to a Fair Trial - Legislation


International Law
Universal Declaration of Human Rights Article 10 - Article 10 of the Universal Declaration of Human Rights outlines the right to a fair trial

The European Convention of Human Rights Article 6 - European Convention of Human Rights Article 6 outlines the right to a fair trial

UN Covenant on Civil and Political Rights - The International Covenant on Civil and Political Rights (ICCPR) is a multilateral treaty adopted by the United Nations General Assembly on December 16, 1966, and in force from March 23, 1976. It commits its parties to respect the civil and political rights of individuals, including the right to life, freedom of religion, freedom of speech, freedom of assembly, electoral rights and rights to due process and a fair trial.

Trial Observation Manual for Criminal Proceedings - Provides a systematic overview of the international norms and standards relating to fair trial and due process in criminal proceedings.

New Zealand
New Zealand Bill of Rights Act 1990 - Section 25 outlines the right to a public hearing and a fair trial in a court.

United States
United States Constitution - Sixth Amendment - The Sixth Amendment to the United States Constitution outlines the right to a Fair trial.

United States Constitution - Fourteenth Amendment - The Fourteenth Amendment of the United States Constitution Outlines the Privileges and Immunities of Citizenship, Due Process, and Equal Protection.

American Convention of Human Rights - Article 8 of this Convention provides the full spectrum of rights to a criminally accused person, comparable to the European Convention.

Europe
European Convention for the Protection of Human Rights and Fundamental Freedoms - Article 6 of the European Convention for the Protection of Human Rights and Fundamental Freedoms, adopted in 1950, entitles an accused to a fair and public hearing within a reasonable time period, to prompt information on the trial in a language which he understands, to confront witnesses testifying on behalf of the prosecution, to order the appearance of witnesses to testify on his behalf, and to legal assistance.

Africa
African Charter on Human and People’s Rights - The African Charter on Human and Peoples’ Rights, adopted by the Organisation of African Unity in 1981, also codifies the right to a fair trial. Article 7 contains many of the rights included in other human rights instruments, such as the right to an appeal, the presumption of innocence, and the right to be tried within a reasonable time period by an impartial court or tribunal.

Principles and Guidelines on the Right to a Fair Trial and Legal Assistance in Africa - Outline of Principles and Guidelines for a right to a fair trial and Legal Assistance in Africa.

Cambodia

Fair Trial Rights in Cambodia - First Biannual Report July 2010 of Cambodia’s Fair Trial Rights.

Fair Trial Handbook in Cambodia

 

China 
The Criminal Procedure Law of 1996 - Journal article outlining China’s Criminal Procedure Law, 1996.

 

The Criminal Procedure Law of 1996