publications_unodc_commentary-e

Value 5EQUALITYPrinciple:Ensuring equality of treatment to all before the courts is essentialto the due performance of the judicial office.CommentaryInternational standards183. A judge should be familiar with the international and regional instrumentsthat prohibit discrimination against vulnerable groups in the community, such as theInternational Convention on the Elimination of All Forms of Racial Discrimination(1965), the International Convention on the Elimination of All Forms ofDiscrimination against Women (1979), the Declaration on the Elimination of AllForms of Intolerance and of Discrimination based on Religion or Belief (1981), andthe Declaration on the Rights of Persons Belonging to National or Ethnic, Religiousand Linguistic Minorities (1992). Equally, a judge must recognize article 14,paragraph 1, of the International Covenant on Civil and Political Rights, whichguarantees that “All persons are equal before the courts”, and article 2, paragraph 1of the Covenant which - read with article 14, paragraph 1 - recognizes the right ofevery individual to a fair trial without any distinction whatsoever as regards race,colour, sex, language, religion, political or other convictions, national or socialorigin, means, status or other circumstances. The phrase “other circumstances” (or“other status”) has been interpreted to include, for example, illegitimacy, sexualorientation, economic status, disability, and HIV status. It is, therefore, the duty of ajudge to discharge his or her judicial functions with due respect for the principle ofequal treatment of parties by avoiding any bias or discrimination and by maintaininga balance between the parties and ensuring that each receives a fair hearing.Judge must avoid stereotyping184. Fair and equal treatment have long been regarded as essential attributes ofjustice. Equality according to law is not only fundamental to justice, but is a featureof judicial performance strongly linked to judicial impartiality. For example, ajudge who reaches a correct result but engages in stereotyping does so at the expenseof the judge’s impartiality, actual or perceived. A judge should not be influenced by121