Question

Discuss a way that the court system reproduces inequality in each of the categories such as rules, institutions/courts, and parties.

(easy english to understand please)

Answer 1

Article 14 (1) ICCPR sets out a general guarantee of equality before courts and tribunals that applies regardless of the nature of the proceedings. The notions of fairness and equality include a guarantee to a fair hearing, equal access, equality of arms, being treated equally by the court, and ensuring that all the parties enjoy the same procedural rights unless distinctions are based on law and can be justified on objective and reasonable grounds not entailing actual disadvantage or other unfairness to the defendant.13 Fairness does not equate to an absence of error.14 The right of access to courts and tribunals, and the right to equality before them, applies to all individuals – without bias or discrimination on the basis of sex, gender identity, ethnicity, income, location, or any other distinction, exclusion or restriction made on the basis of the specific characteristics of an individual, and regardless of nationality or statelessness, or whatever their status (asylum seeker, refugee, migrant worker, unaccompanied child or other persons) – who find themselves in the territory and subject to the jurisdiction of a State.
Were the parties treated equally by the judge or bench?
Was any judicial stereotyping and/or favouritism perceptible or visible?15
If multiple accused were tried at the same time, was the treatment of each defendant and each of
their counsel equal to that of the prosecution?
Were any accused treated differently because of their political or other opinion, age, sex, religion,
ethnicity, sexual orientation, gender identity, disability, income, profession/line of work,16 etc.?
Did the prosecution have broader procedural rights than the defence, for example to compel the appearance of witnesses, order expertise (e.g., ballistics, forensics, autopsy), or to appeal a
decision?
Were the parties given the same access to court documents?
Were the parties given equal opportunity to submit argumentation and evidence? Was any evidence
declared inadmissible, and if so, why?
If trial was by jury, did the judge give impartial instructions to jurors, and were they presented in an
impartial manner?17
If trial was by jury, was the jury selected in a manner sensitive to gender, race, disability and other
factors?