Democratization
Rule of Law
The fundamental principle underlying the
notion of rule of law is the equitable treatment of individual human beings. A state can
be said to recognize the rule of law only when a
number of conditions are being met. First, individual citizens should be aware of their rights,
meaning that laws have to be made public. Second, everyone must be equal under the law. In
other words, all citizens should be treated fairly,
and they should know what to expect from that
treatment. It also means that no one should be
given preferential treatment based on factors
such as wealth or social status.
All OSCE participating States have undertaken international obligations and committed themselves to comply with a set of rules and
principles in the administration of criminal justice. These rules ensure fairness of the proceedings and create safeguards to protect the human
rights of people who are particularly vulnerable
to the state’s influence and pressure. Ultimately,
they ensure that criminal proceedings result in
justice and uphold the rule of law.
Many countries in the OSCE region aspire
to develop and strengthen the rule of law. This
is by definition a long-term process that ultimately requires significant cultural and attitudinal changes. Thus, the ODIHR’s work in the field
of the rule of law involves ongoing, long-term
programmes that take into account the need to
ensure customized assistance specific to each
country’s history and current developments.
Main Issues
To have rule of law, all of the institutions that
comprise a legal system must comply with the
law, including international legal obligations.
The judiciary, prosecutors, and defence lawyers must operate independently and under the
law; police should be accountable. Understand-
The ODIHR supported a series
of legal-skills seminars in April
OSCE
in Almaty, Kazakhstan.
22
ANNUAL REPORT 2005
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