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society reject differentiation between humans for considerations
of color, sex, religion or culture."
These mass humanitarian leanings have been duly instated in the
Freedom Promotion Act no 20/1990 as well as in many other legal
provisions such as the Libyan Administrative Law on civil service
functions, the Criminal Law on incrimination, punishment and
trial, the Fiscal Law on determination of taxes and charges, the
Civil Service Law regarding public posts, the Law on the power of
the people in the course of regulating exercise of this power, and
people's selection of congresses and committees as well as the
National Service Law and the other social and economic laws
including the Law on Child and Family, etc… The general rule
underlying Libyan legislation is founded on facts that all are equal
before the Law and in protection of the Law; and that treatment on
discriminatory basis is categorically rejected and punishable
administratively and criminally. Therefore, Libya is committed to
apply and effectuate provisions of Articles 2 and 3 of the 1981
African Charter of Human and Peoples' Rights.
Eighth: Right to Prosecution
Human right to have access to justice for fairness against
violation of basic rights is considered one of the inherent wellestablished principles in international instruments concerned
with human rights. Each person has the right to present his case
before an independent fair tribunal to claim his rights and to
contest the charge pressed against him. A human is innocent
originally speaking unless proved guilty by a public court in the
course of which necessary guarantees for his defence shall be
provided.
The right to have recourse to natural justice is a human right on
the grounds that it ensures equity meaning that one goes to the
court fully assured of holding on to his right and that he will not
be suppressed. All states have pledged to respect this right and
safeguard it for their citizens, and ward off any and all measures
interfering with its realization.