The protection of citizens by law is guaranteed by the Constitution. Article 18 provides for the protection of the Law and the right to a fair trial within a reasonable time in criminal and civil proceedings. This section is in accordance with the provisions of international law. Any person accused of a criminal offence shall be presumed innocent until proven guilty and shall be informed as soon as reasonably possible in a language which he understands and in detail of the nature of the offence charged and shall have sufficient time to prepare his defence. The article also allows a defendant to obtain, at his own expense, members of the legal professions of his choice and, among other things, to have access to the file of judicial proceedings relating to his trial. The way in which the main treaty is implemented or enforced is different in each region. In the course of a decades-long development, the European system of implementation, operating from Strasbourg (France), has evolved from a system in which a Commission and a Court of Justice coexisted into a single judicial institution. The European Court of Human Rights deals with individual cases. In America, there is a dual model consisting of the Inter-American Commission based in Washington, D.C., and the Inter-American Court of Human Rights, based in San José, Costa Rica. Individual complainants must first submit their complaint to the Inter-American Commission; the case may then be referred to the Inter-American Court of Human Rights. The Commission is also responsible for carrying out on-the-spot visits. After some recent institutional reforms, the African system now resembles the inter-American system. In both cases, an appeal should be lodged with the court within 14 days of the contested decision.
The appeal shall require the days of the contested decision. The appeal requires the complainant to complete an appropriate form, which can be requested from the court itself or from an employee`s senior staff member (if the appeal is directed against their decision). The form is easy to fill out and does not need to be completed by a lawyer. The form can also be completed on behalf of an employee by a union official. The following four paragraphs are necessary measures to improve the legal system in Zimbabwe. This is reinforced by section 191 (a) of the Criminal Procedure and Evidence Act, section 65 of the Courts of First Instance Act and section 51 of the High Court Act. However, there are certain legal provisions relating to legal aid in criminal matters. Prior to the enactment of the Legal Aid Act 1996 (Act No. 18 of 1996), the Mutual Assistance and Representation Act (Chapter 9:13) was the applicable law. For the purposes of this Act, a criminal court may order the appointment of a lawyer to represent a defendant if (i) it is desirable in the interests of justice and (ii) if the defendant`s resources are insufficient to use the services of a lawyer. The Attorney General also had the power to confirm that a defendant is represented in the above circumstances.
It was not clear from the law which factors determined the “interests of justice” that justified legal aid. The libraries of most of Zimbabwe`s courts of first instance need to be massively modernized. For these tribunals, new and updated information resources must be acquired. Currently, the courts rely on editions of books that have since been revised. Judges are therefore not aware of developments in the law, particularly in the field of international law. There are a number of remarks that can be made about the provisions of the Constitution that provide for procedures for the removal of judges. Although the power of appointment of the President to the Tribunal provided for in paragraphs 2 and 3 is limited by the provisions on the qualification of appointees in subsection 4, the President is not required to have the Tribunal composed of representatives of each of the categories of appointees referred to in subparagraphs 4(a) to (c). It is not necessary for the court to hold its hearing in public or publish its findings. In the event that the Court recommends that the question of the dismissal of a judge be referred to the Judicial Services Commission, the President is obliged to follow the recommendation of the latter institution (subsection (paragraph 9); as already mentioned, the Judicial Service Commission is appointed directly by the President).
Contract-based systemThe contract-based system has developed even faster than the Charter-based system. The first treaty, adopted in 1948, was the Convention on the Prevention and Punishment of the Crime of Genocide, which dealt with the most immediate experiences of the Nazi Holocaust in the past. Since then, a large number of treaties covering a wide range of issues have been adopted, eight of them on human rights — each involving a treaty body — under the auspices of the United Nations. There is no excuse for the government not to invest in the courts and the justice system. This is a pure case of lack of interest and negligence of the judiciary on the part of the authorities who are trying to maintain the status quo. Improving the system can have a detrimental effect on the government, which is often the subject of litigation by its citizens. For example, the improvement of the administrative court would result in judgments against the government and in favour of citizens. This type of scenario is not desirable for the government and they prefer to maintain the current chaos as it is currently working on behalf of the government. Independence in April 1980 brought the Zimbabwean people more than legality, but social justice; and parliamentarism, in which the voice of one is the voice of all.
The term “human rights” can be used in an abstract and philosophical sense, either as a designation for a particular category of moral claims that anyone can invoke, or, more pragmatically, as the manifestation of these claims in positive law, for example, as constitutional guarantees to hold governments accountable in the context of national judicial proceedings. While the first understanding of the term can be called “human rights”, the second is called “human rights law” here. The case registration system is mostly manual and often the records are in ruins and are often shredded and torn. There is a need for a computerized system for recording cases and their procedures. This system must be managed by a central authority in order to avoid compromising people who are moderated with files. Promising developments in subregional human rights protection have also recently taken place within the Association of Southeast Asian Nations (ASEAN), which brings together the founding States of Indonesia, Malaysia, Singapore, Thailand and the Philippines. Although ASEAN was established in 1967, a formal founding treaty (the ASEAN Charter) was not adopted until 2007. The Charter provides for the establishment of an ASEAN human rights body — a process that is still ongoing. What then becomes of the fate of justice when judges are the beneficiaries of an unfair land allocation procedure carried out in flagrant disregard of the rule of law? How, then, can such judges make decisions against the system that glorifies them? The IBA results above are self-evident and reveal the corrupt tendencies of some of the members of the current bank of Zimbabwe. These may seem like past evils committed by some judges, but in the case of a similar situation, who knows what sneaky benefits they will accept in order to acquire personal wealth at the expense of justice and wounded victims of state retaliation. The normative basis of the United Nations Charter system is the Universal Declaration of Human Rights adopted on 10 December 1948, which gave binding content to the vague reference to human rights in the Charter of the United Nations. Although it was adopted as a simple non-binding declaration, it was later recognized as a universal norm for state behavior.
Many of its provisions have acquired the status of customary international law. The traditional categorization of three generations of human rights, used in national and international discourse on human rights, traces the chronological evolution of human rights as an echo of the call of the French Revolution: Liberty (rights, “civil and political” or “first generation” rights), Equality (equality, “socio-economic” or “second generation” rights) and Fraternity (solidarity rights, “collective” or “third generation”). Generation rights). In the eighteenth and nineteenth centuries, the struggle for rights focused on liberation from authoritarian oppression and the corresponding rights to freedom of expression, association and religion, as well as the right to vote. With the changing view of the role of the state in an industrialized world and in the context of growing inequalities, the importance of socio-economic rights has become clearer. With increasing globalization and increased awareness of overlapping global concerns, particularly due to extreme poverty in some parts of the world, the rights of the “third generation”, such as the right to a healthy environment, self-determination and development, have been adopted. Regional levelSince the Second World War, three regional human rights regimes — norms and institutions accepted by States as binding — have been established. Each of these systems operates under the auspices of an intergovernmental organization or an international political body. In the case of the European system – the best of the three – it is the Council of Europe, founded in 1949 by 10 Western European states to promote human rights and the rule of law in post-World War II Europe, avoiding a relapse into totalitarianism and serving as a bulwark against communism.
