The Inability to Prosecute and Failure to Protect Human Rights in Asia

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A group of jurists, legal academics and lawyers from around Asia on 17 to 21 November 2008 gathered in Hong Kong for the Fourth Asian Human Rights Consultation on the Asian Charter of Rule of Law, on the theme of prosecution systems in Asia.

A well-functioning judicial system is one of the cornerstones for upholding the rule of law and democracy. Concerns about the relative perception of the rule of law and the absence or erosion of democratic values in any society reflect the state of affairs of the judicial system in that society. Protection, promotion and fulfilment of human rights and human values are impossible without a rule of law regime.

The absoluteness of the rule of law is a mythical concept. No state can or will ever be a perfect model that guarantees all tenets of the rule of law to everyone. Challenges and prejudices in government ripple out from myriad whirlpools. These political, cultural, historical and racial influences perpetually affect rule of law regimes irrespective of jurisdiction.

The Asian Human Rights Commission (AHRC) is taking the initiative to formulate an Asian Charter on the Rule of Law. It is an attempt to postulate a functioning as well as reasonable example of a code for the rule of law that could be adapted by states, particularly in Asia. To formulate such a charter it is imperative to understand the issues that adversely affect judicial institutions in the region.

Published in February 2009 by the Asian Legal Resource Centre (ALRC), 128 pages, Language: English, ISBN-13: 978-962-8161-09-7, PID: AHRC-PUB-003-2009

This book is free for distribution, please write to ahrc@ahrc.asia to obtain a copy.

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