General matters
6. Delivery of services |
6.2
States should ensure that the delivery of services related to tenure and its
administration are consistent with their existing obligations under national
and international law, and with due regard to voluntary commitments
under applicable regional and international instruments |
Right to equality before courts and tribunals and to a fair trial
Human rights noteAs clarified by the HRC, the right to equality before courts and tribunals and to a fair trial encompasses the right of access to courts and tribunals. See HRC, general comment no. 32. |
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15.2
States Parties shall accord to women, in civil matters, a legal capacity identical to that of men and the same opportunities to exercise that capacity. In particular, they shall give women equal rights to conclude contracts and to administer property and shall treat them equally in all stages of procedure in courts and tribunals.
|
General matters
6. Delivery of services |
6.3
States should provide prompt, accessible and non-discriminatory services to protect tenure rights, to promote and facilitate the enjoyment of those
rights, and to resolve disputes. States should eliminate unnecessary legal and procedural requirements and strive to overcome barriers related to
tenure rights. States should review services of implementing agencies and
judicial authorities, and introduce improvements where required. |
Right to equality before courts and tribunals and to a fair trial
Human rights noteAs clarified by the HRC, the right to equality before courts and tribunals and to a fair trial encompasses the right of access to courts and tribunals. See HRC, general comment no. 32. |
|
15.2
States Parties shall accord to women, in civil matters, a legal capacity identical to that of men and the same opportunities to exercise that capacity. In particular, they shall give women equal rights to conclude contracts and to administer property and shall treat them equally in all stages of procedure in courts and tribunals.
|
General matters
6. Delivery of services |
6.3
States should provide prompt, accessible and non-discriminatory services to protect tenure rights, to promote and facilitate the enjoyment of those
rights, and to resolve disputes. States should eliminate unnecessary legal and procedural requirements and strive to overcome barriers related to
tenure rights. States should review services of implementing agencies and
judicial authorities, and introduce improvements where required. |
Right to equality before courts and tribunals and to a fair trial
Human rights noteAs clarified by the HRC, the right to equality before courts and tribunals and to a fair trial encompasses the right of access to courts and tribunals. See HRC, general comment no. 32. |
|
15.2
States Parties shall accord to women, in civil matters, a legal capacity identical to that of men and the same opportunities to exercise that capacity. In particular, they shall give women equal rights to conclude contracts and to administer property and shall treat them equally in all stages of procedure in courts and tribunals.
|
General matters
6. Delivery of services |
6.4
States should ensure that implementing agencies and judicial authorities
serve the entire population, delivering services to all, including those in
remote locations. Services should be provided promptly and efficiently
using locally suitable technology to increase efficiency and accessibility.
Internal guidelines should be established so that staff can implement
policies and laws in a reliable and consistent manner. Procedures should
be simplified without threatening tenure security or quality of justice.
Explanatory materials should be widely publicized in ap |
Right to equality before courts and tribunals and to a fair trial
Human rights noteAs clarified by the HRC, the right to equality before courts and tribunals and to a fair trial encompasses the right of access to courts and tribunals. See HRC, general comment no. 32. |
|
15.2
States Parties shall accord to women, in civil matters, a legal capacity identical to that of men and the same opportunities to exercise that capacity. In particular, they shall give women equal rights to conclude contracts and to administer property and shall treat them equally in all stages of procedure in courts and tribunals.
|
General matters
6. Delivery of services |
6.4
States should ensure that implementing agencies and judicial authorities
serve the entire population, delivering services to all, including those in
remote locations. Services should be provided promptly and efficiently
using locally suitable technology to increase efficiency and accessibility.
Internal guidelines should be established so that staff can implement
policies and laws in a reliable and consistent manner. Procedures should
be simplified without threatening tenure security or quality of justice.
Explanatory materials should be widely publicized in ap |
Right to equality before courts and tribunals and to a fair trial
Human rights noteThe CESCR has highlighted that "corruption constitutes one of the major obstacles to the effective promotion and protection of human rights, particularly as regards the activities of businesses. It also undermines a State’s ability to mobilize resources for the delivery of services essential for the realization of economic, social and cultural rights. It leads to discriminatory access to public services in favour of those able to influence authorities, including by offering bribes or resorting to political pressure" (See CESCR, General comment no. 24). Therefore, States’ duty to combat corruption is closely linked to States' duty to take steps, to the maximum of their available resources, with a view to achieving progressively the full realization of economic, social and cultural rights under ICESCR. It is more generally linked to States' obligation to respect, protect and fulfil human rights without discrimination. In this section, the focus is placed on the international human standards related to good governance, and more particularly on the right to participation, equality and non-discrimination, and to remedy. The Guideline can be linked to all human rights listed in the matrix. The United Nations Convention against Corruption contains a list of crimes that form the core of corruption offences, namely bribery, embezzlement, trading in influence, abuse of functions and illicit enrichment. As clarified by the HRC, the right to equality before courts and tribunals and to a fair trial encompasses the right of access to courts and tribunals. See HRC, general comment no. 32. |
|
15.2
States Parties shall accord to women, in civil matters, a legal capacity identical to that of men and the same opportunities to exercise that capacity. In particular, they shall give women equal rights to conclude contracts and to administer property and shall treat them equally in all stages of procedure in courts and tribunals.
|
General matters
6. Delivery of services |
6.4
States should ensure that implementing agencies and judicial authorities
serve the entire population, delivering services to all, including those in
remote locations. Services should be provided promptly and efficiently
using locally suitable technology to increase efficiency and accessibility.
Internal guidelines should be established so that staff can implement
policies and laws in a reliable and consistent manner. Procedures should
be simplified without threatening tenure security or quality of justice.
Explanatory materials should be widely publicized in ap |
Right to equality before courts and tribunals and to a fair trial
Human rights noteAs clarified by the HRC, the right to equality before courts and tribunals and to a fair trial encompasses the right of access to courts and tribunals. See HRC, general comment no. 32. |
|
15.2
States Parties shall accord to women, in civil matters, a legal capacity identical to that of men and the same opportunities to exercise that capacity. In particular, they shall give women equal rights to conclude contracts and to administer property and shall treat them equally in all stages of procedure in courts and tribunals.
|
General matters
6. Delivery of services |
6.6
States and other parties should consider additional measures to support
vulnerable or marginalized groups who could not otherwise access
administrative and judicial services. These measures should include legal
support, such as affordable legal aid, and may also include the provision
of services of paralegals or parasurveyors, and mobile services for remote
communities and mobile indigenous peoples |
Right to equality before courts and tribunals and to a fair trial
Human rights noteAs clarified by the HRC, the right to equality before courts and tribunals and to a fair trial encompasses the right of access to courts and tribunals. See HRC, general comment no. 32. |
|
15.2
States Parties shall accord to women, in civil matters, a legal capacity identical to that of men and the same opportunities to exercise that capacity. In particular, they shall give women equal rights to conclude contracts and to administer property and shall treat them equally in all stages of procedure in courts and tribunals.
|
General matters
6. Delivery of services |
6.7
States should encourage implementing agencies and judicial authorities to foster a culture based on service and ethical behaviour. Agencies and
judicial authorities should seek regular feedback, such as through surveys and focus groups, to raise standards and improve delivery of services,
to meet expectations, and to satisfy new needs. They should publish performance standards and report regularly on results. Users should have
means of addressing complaints either within the implementing agency, such as by administrative review, or externally, such as by an independent
review or through an ombudsman |
Right to equality before courts and tribunals and to a fair trial
|
|
15.2
States Parties shall accord to women, in civil matters, a legal capacity identical to that of men and the same opportunities to exercise that capacity. In particular, they shall give women equal rights to conclude contracts and to administer property and shall treat them equally in all stages of procedure in courts and tribunals.
|
General matters
6. Delivery of services |
6.8
Relevant professional associations for services related to tenure should develop, publicize and monitor the implementation of high levels of
ethical behaviour. Public and private sector parties should adhere to
applicable ethical standards, and be subject to disciplinary action in case
of violations. Where such associations do not exist, States should ensure
an environment conducive to their establishment. |
Right to equality before courts and tribunals and to a fair trial
|
|
15.2
States Parties shall accord to women, in civil matters, a legal capacity identical to that of men and the same opportunities to exercise that capacity. In particular, they shall give women equal rights to conclude contracts and to administer property and shall treat them equally in all stages of procedure in courts and tribunals.
|
General matters
6. Delivery of services |
6.9
States and non-state actors should endeavour to prevent corruption with
regard to tenure rights. States should do so particularly through consultation
and participation, rule of law, transparency and accountability. States
should adopt and enforce anti-corruption measures including applying
checks and balances, limiting the arbitrary use of power, addressing
conflicts of interest and adopting clear rules and regulations. States
should provide for the administrative and/or judicial review of decisions
of implementing agencies. Staff working on the administration of tenure
should be held accountable for their actions. They should be provided with
the means of conducting their duties effectively. They should be protected
against interference in their duties and from retaliation for reporting acts
of corruption |
Right to equality before courts and tribunals and to a fair trial
Human rights noteAs clarified by the HRC, the right to equality before courts and tribunals and to a fair trial encompasses the right of access to courts and tribunals. See HRC, general comment no. 32. |
|
15.2
States Parties shall accord to women, in civil matters, a legal capacity identical to that of men and the same opportunities to exercise that capacity. In particular, they shall give women equal rights to conclude contracts and to administer property and shall treat them equally in all stages of procedure in courts and tribunals.
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