I. ARTICLES


 

          Article 5(a), CERD


Article 5

 

In compliance with the fundamental obligations laid down in article 2 of this Convention, States Parties undertake to prohibit and to eliminate racial discrimination in all its forms and to guarantee the right of everyone, without distinction as to race, colour, or national or ethnic origin, to equality before the law, notably in the enjoyment of the following rights:

 

(a) The right to equal treatment before the tribunals and all other organs administering justice...


 

          Article 4.1 and 4.2, ICCPR


Article 4

 

1. In time of public emergency which threatens the life of the nation and the existence of which is officially proclaimed, the States Parties to the present Covenant may take measures derogating from their obligations under the present Covenant to the extent strictly required by the exigencies of the situation, provided that such measures are not inconsistent with their other obligations under international law and do not involve discrimination solely on the ground of race, colour, sex, language, religion or social origin.

 

2. No derogation from articles 6, 7, 8 (paragraphs 1 and 2), 11, 15, 16 and 18 may be made under this provision.


 

          Article 14.1 and 14.3, ICCPR


Article 14

 

1. All persons shall be equal before the courts and tribunals. In the determination of any criminal charge against him, or of his rights and obligations in a suit at law, everyone shall be entitled to a fair and public hearing by a competent, independent and impartial tribunal established by law. The press and the public may be excluded from all or part of a trial for reasons of morals, public order (ordre public) or national security in a democratic society, or when the interest of the private lives of the Parties so requires, or to the extent strictly necessary in the opinion of the court in special circumstances where publicity would prejudice the interests of justice; but any judgement rendered in a criminal case or in a suit at law shall be made public except where the interest of juvenile persons otherwise requires or the proceedings concern matrimonial disputes or the guardianship of children.

...

3. In the determination of any criminal charge against him, everyone shall be entitled to the following minimum guarantees, in full equality:

 

(a) To be informed promptly and in detail in a language which he understands of the nature and cause of the charge against him;

 

(b) To have adequate time and facilities for the preparation of his defence and to communicate with counsel of his own choosing;

 

(c) To be tried without undue delay;

 

(d) To be tried in his presence, and to defend himself in person or through legal assistance of his own choosing; to be informed, if he does not have legal assistance, of this right; and to have legal assistance assigned to him, in any case where the interests of justice so require, and without payment by him in any such case if he does not have sufficient means to pay for it;

 

(e) To examine, or have examined, the witnesses against him and to obtain the attendance and examination of witnesses on his behalf under the same conditions as witnesses against him;

 

(f) To have the free assistance of an interpreter if he cannot understand or speak the language used in court;

 

(g) Not to be compelled to testify against himself or to confess guilt.


 

          Article 16, ICCPR


Article 16

 

Everyone shall have the right to recognition everywhere as a person before the law.




 

          Article 26, ICCPR


Article 26

 

All persons are equal before the law and are entitled without any discrimination to the equal protection of the law. In this respect, the law shall prohibit any discrimination and guarantee to all persons equal and effective protection against discrimination on any ground such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.


 

          Article 15, CEDAW


Article 15

 

1. States Parties shall accord to women equality with men before the law.

 

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.

 

3. States Parties agree that all contracts and all other private instruments of any kind with a legal effect which is directed at restricting the legal capacity of women shall be deemed null and void.

 

4. States Parties shall accord to men and women the same rights with regard to the law relating to the movement of persons and the freedom to choose their residence and domicile.


 

          Article 2.2(f), CMW


Article 2

 

For the purposes of the present Convention:

            ...

            2.         ...

(f) The term "project-tied worker" refers to a migrant worker admitted to a State of employment for a defined period to work solely on a specific project being carried out in that State by his or her employer;

...


 

          Article 18.1, CMW


Article 18

 

1. Migrant workers and members of their families shall have the right to equality with nationals of the State concerned before the courts and tribunals. In the determination of any criminal charge against them or of their rights and obligations in a suit of law, they shall be entitled to a fair and public hearing by a competent, independent and impartial tribunal established by law.


 

          Article 54.2, CMW


Article 54

            ...

2. If a migrant worker claims that the terms of his or her work contract have been violated by his or her employer, he or she shall have the right to address his or her case to the competent authorities of the State of employment, on terms provided for in article 18, paragraph 1, of the present Convention.


 

          Article 61.1, CMW


Article 61

 

1. Project-tied workers, as defined in article 2, paragraph 2(f), of the present Convention, and members of their families shall be entitled to the rights provided for in part IV [articles 36-56] except the provisions of article 43, paragraphs 1(b) and 1(c), article 43, paragraph 1(d), as it pertains to social housing schemes, article 45, paragraph 1(b), and articles 52 to 55.



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