Access to justice is a basic principle of the rule of law. In the absence of access to justice, people are unable to have their voice heard, exercise their rights, challenge discrimination or hold decision-makers accountable.
Commonwealth Legal Tools and Knowledge in the area of access to justice include tools and insights in the areas of alternative dispute resolution, civil procedure law, criminal law, criminal procedure law, judicial independence, legal identity, organisation of courts, and public and administrative law.
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Commonwealth Schemes for International Cooperation in Criminal Matters
Introduction
Access to justice is a basic principle of the rule of law. In the absence of access to justice, people are unable to have their voice heard, exercise their rights, challenge discrimination or hold decision-makers accountable.
Corruption is a complex social, political and economic phenomenon that affects all countries.
For over two decades, the Commonwealth has assisted governments to tackle corruption by supporting the sharing of best practices, undertaking training and capacity-building, and conducting policy research.
Commonwealth model laws
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Commonwealth Anti-Corruption Benchmarks
The global challenge of climate change requires practical and swift action at national level for full implementation of the Paris Agreement.
National law has a key role to play. This includes laws and regulations whose primary purpose is to achieve climate policy objectives, as well as laws that are designed for non-climate purposes but that take into account climate change issues or impacts.
This breadth of laws covers, amongst others, 'overarching' climate change laws, energy law, land use and planning law, water and forestry management law, transport law, disaster risk management law, and corporate, financial and tax law.
The Commonwealth Secretariat is working closely with UNFCCC and UN Environment to develop a Law and Climate Change Toolkit that will support countries to review their national laws and undertake reform in support of climate policy commitments
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Law and Climate Change Toolkit
The Commonwealth supports international efforts to counter violent extremism in all its forms.
Commonwealth Heads of Government have affirmed that violent extremism represents a serious threat to international peace and security, shared values and aspirations, social harmony and economic and social development.
Countering violent extremism is a broad term that refers to responses that seek to prevent or mitigate violent extremism through non-coercive measures.
Commonwealth rule of law expertise supports countries in adopting proportionate and effective legal responses to violent extremists. This includes support to legislation related to terrorism, financial crime, corruption, cybercrime, and the prohibition of national, racial or religious hatred that constitutes incitement to discrimination, hostility or violence
Commonwealth model laws
Civil Paths to Peace: Report of the Commonwealth Commission on Respect and Understanding
The Commonwealth supports both developing and developed countries to enjoy economic growth and stability.
Many small and developing Commonwealth member countries face challenges in the financing of basic public services, are burdened with high debt, and are especially vulnerable to economic and social shocks.
Commonwealth legal policy work in this area includes assistance to countries for the creation of legal frameworks for sovereign debt management, as well as support to engagement in the development of the international tax and regulatory landscape
Commonwealth model laws
The Commonwealth Charter recognises "the inalienable right of individuals to participate in democratic processes, in particular through free and fair elections in shaping the society in which they live."
A democratic election takes place in an environment where there are multiple political parties, where there is confidence, transparency and accountability in the electoral process, and where voters are free to exercise an informed choice between alternative candidates for office.
Sound legal frameworks for electoral administration underpin democratic institutions and processes, enabling citizen participation and the effective functioning of elected legislatures, in line with the principles of the rule of law and balance of power between the branches of government
Commonwealth model laws
- Compendium of Election Laws, Practices and Cases of Selected Commonwealth Countries, Volume 2(2)
- Compendium of Election Laws, Practices and Cases of Selected Commonwealth Countries, Volume 2(2)
- Compendium of Election Laws, Practices and Cases of Selected Commonwealth Countries, Volume 2(1)
- Compendium of Election Laws, Practices and Cases of Selected Commonwealth Countries, Volume 1(2)
- Compendium of Election Laws, Practices and Cases of Selected Commonwealth Countries, Volume 1(1)
The Commonwealth Charter reiterates the commitment to promote good governance through the rule of law.
Efficient service delivery in the public sector depends on institutions that are committed to principles and processes which reinforce integrity, transparency and accountability.
The Commonwealth Secretariat supports countries in the development of sound legal frameworks related to public administration, public sector decision-making, and financial management; promoting good governance and effective institutions.
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The Commonwealth Charter reiterates a commitment to equality and respect for the protection and promotion of civil, political, economic, social and cultural rights.
Gender equality, as one of those rights, is a fundamental principle of the Commonwealth and a critical means of contributing to the Commonwealth's goals of eradicating poverty, building resilient societies and economies, harmonious communities, and promoting sustainable development.
Human rights and gender equality represent cross-cutting aspects of all areas of law. The Commonwealth Secretariat supports countries in protecting and promoting human rights and gender equality through law reform assistance and the dissemination of practical guides for legal practitioners.
Commonwealth model laws
Legal knowledge
The rapid development of information and communication technologies requires modern, effective legal frameworks for promoting ICT growth, inclusivity, and positive socio-economic impact.
Countries require laws in areas such as telecommunications regulation, privacy and date protection, e-commerce, and access to public information.
The Commonwealth is at the forefront of this area of law through the development of Model Laws and other Legal Tools on Computer and Computer-Related Crime, Electronic Transactions, Broadcasting, and the Protection of Personal Information.
Commonwealth model laws
Commonwealth countries are endowed with immense and precious natural resources. When managed equitably and sustainably, the exploitation of natural resources bolsters national and natural resilience, improving prosperity for all citizens.
The Commonwealth Secretariat offers legal and technical support for the development of laws and policies that can boost investment, enhance good governance, and ensure that the wealth derived from natural resources is prudently managed for the equitable benefit of all citizens.
In the ocean space and maritime sector, the Commonwealth supports countries in the development of ocean laws and policies that promote sustainable economic growth based on better management of coastal and marine ecosystems and resources
Commonwealth model laws
Key Issues in Natural Resource Taxation and Revenue Management in the Commonwealth
The Commonwealth supports countries to improve their trade competitiveness through export development, improvements to domestic capacity, and trade facilitation.
National legal frameworks related to sale of goods and services, as well as to provision of financial services, and to corporate and commercial enterprises are key to an effective enabling environment for trade and business growth.
Commonwealth Legal Tools in this area include a Commonwealth Model Bill on Competition.
Commonwealth model laws