•
•
•
•
•
•
•
•
Does the government make laws and the constitution publicly
available at, for example, government information offices, local
courthouses, government website, police stations, etc?
Are new laws immediately available to the public once they are
passed?
Can a citizen easily obtain free copies of their Constitution or laws?
Can the average citizen get information that explains in a clear and
direct way what rights and obligations the Constitution and other
laws contain?
Does the court/court-system generally provide enough information
about its services, procedures and decisions so that citizens,
plaintiffs and defendants are aware of their requirements,
proceedings and resources?
Are there non-government sources of information for citizens about
their rights under the constitution via, for example: television,
newspapers, internet, NGOs, etc?
Is the public aware of their civil/individual/human rights if
arrested, detained, property is seized, etc.?
Are basic civil rights and protections such as arrest procedures
and individual protections taught to the country’s students in
school?
c) Capability: Equality
i)
Measurement Indicators
• Do laws specifically prohibit discrimination?
• Do laws protect identified minorities, etc.?
•
Are there conspicuous numbers of minorities/women in the police?
Seated as Judges? Serving as Prosecutors? 4
2) Function: Criminal Procedure Code
a) Capability: Content
i)
Measurement Indicator
Does the criminal procedure code and observable practice prohibit
•
criminal justice officials from engaging in torture or inhuman or
degrading treatment?
•
Does the criminal procedure code and observable practice prohibit
illegal slavery or servitude (trafficking in persons)?
•
Are people punished for crimes that were not crimes (ex post facto)
when they committed them?
•
Is freedom of expression reasonably unrestricted? (Reasonable
restrictions include national security, privacy, etc.)
•
Is freedom of association reasonably unrestricted? (Reasonable
restrictions might include curfews during looting, to preserve
public order, or wartime; quarantines for illness, public
health/safety, etc.)
•
Are people allowed to practice the religion of their choice? (Or no
religion if they choose)?
4
Note to Experts: Where countries track such statistics, make a note of the numbers they provide.
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