Impartiality

Abstract

That procedural justice requires an impartial decisionmaker is almost universally recognized. Yet, complete impartiality is not always attainable, and sometimes what it involves is unclear. In the criminal and civil law context, a person has a recognized human right to have his or her case heard by an impartial tribunal. The International Covenant on Civil and Political Rights (UN 1966, art. 14(1)) and the American Convention on Human Rights (OAS 1969, art. 8.1) both recognize the right to trial by “a competent, independent, and impartial tribunal” for criminal and most civil cases. The European Convention for the Protection of Human Rights and Fundamental Freedoms also requires that the tribunal be independent and impartial, but it omits the requirement of competence (CE 1950, art. 6(1)).