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The Right To Fair Hearing: A Comparative Analysis

The right to a fair hearing is the right that everyone has to have fair and equal treatment under the law, especially in judicial procedures. The right to a fair hearing comprises the right to have one’s case heard in public, before a judge who is free from bias and acts independently, in a manner that is efficient and prompt, and the right to have access to the legal representation and evidence that is essential to mount a successful defense. A human right that is recognized by international law is the right to a trial that is conducted fairly. This right is recognized and protected by a variety of international human rights agreements, including but not limited to the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights, and others. The right to a fair hearing encompasses a variety of rights, including the right to an open trial, the right to be believed innocent unless proven guilty, the right to legal representation, the ability to cross-examine witnesses, and the right to appeal a verdict. The right to a fair hearing is internationally acknowledged; nevertheless, the manner in which it is implemented differs from country to country. Concerns have been raised about the protection of the right to a fair trial in the context of anti-terrorist policies and the administration of criminal justice in countries such as United Kingdom and United States, for instance. In United State the government has successfully prosecuted perpetrators of terrorism, but there have been reports of violations of international human rights rules and standards. It is essential to keep in mind that the right to a fair trial is not just a concern in the realm of law, but also in the realms of society and politics according to an obiter posited in an LLM class in UNILAG by Dr. S.A.  IGBINEDION.

Keywords: Human rights, fair hearing, judiciary, legal representation.

 

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THE RIGHT TO FAIR HEARING, A COMPARATIVE ANALYSIS

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