Summary
The guarantee to equality before the courts extends to judicial bodies entrusted with any judicial task (including customary and religious courts).
Election Parts
Quotes
- Article 14 is also relevant where a State, in its legal order, recognizes courts based on customary law, or religious courts, to carry our to entrusts them with judicial tasks. It must be ensured that such courts cannot hand down binding judgments recognized by the State, unless the following requirements are met:...the basic requirements of fair trial and other relevant guarantees of the Covenant, and their judgments are validated by State courts in light of the guarantees set out in the Covenant and can be challenged by the parties concerned in a procedure meeting the requirements of article 14 of the Covenant.
- This guarantee not only applies to courts and tribunals addressed in the second sentence of this paragraph of article 14, but must also be respected whenever domestic law entrusts a judicial body with a judicial task.