IDLO AND UNHCR 3. HOW THE RULE OF LAW IS RELEVANT TO ADDRESSING STATELESSNESS ‘‘ The rule of law is defined by the United Nations as: a principle of governance under which all persons, institutions, and entities, public and private, including the State itself, are accountable to laws that are publicly promulgated, equally enforced and independently adjudicated, and which are consistent with international human rights norms and standards. It requires, as well, measures to ensure adherence to the principles of supremacy of law, equality before the law, accountability to the law, fairness in the application of the law, separation of powers, participation in decision-making, legal certainty, avoidance of arbitrariness and procedural and legal transparency.15 The rule of law requires that law and policy are applied equally and without discrimination by all significant relevant institutions (independent judiciary, police and other security agencies, oversight bodies, etc.). It protects individuals from arbitrariness and the arbitrary exercise of power. The rule of law further puts an obligation on States to comply with international human rights norms and standards and provide everyone with equal access to justice to defend their rights. This also requires that law and policy are shaped with the participation of all, and that no one is left behind. The rule of law is the vehicle for the promotion and protection of this common normative framework and provides a structure through which the exercise of power is subjected to agreed rules, guaranteeing the protection of all human rights. It is argued, furthermore, that there is no rule of law within societies if human rights are not protected and vice versa; human rights cannot be protected in societies without a strong rule of law. The rule of law is the implementation mechanism for human rights, turning them from a principle into a reality.16 The rule of law also plays an integral part in anchoring economic, social, and cultural rights in national constitutions, laws, and regulations. Where such rights are justiciable or their legal protection is otherwise ensured, the rule of law provides the means of redress when those rights are not upheld, or public resources are misused. There are clear linkages between statelessness and these four central tenets of the rule of law,17 and these are elaborated below: KEY ELEMENTS OF RULE OF LAW RELEVANT TO STATELESSNESS Equality under the law and non-discrimination Compliance with international human rights standards Legal empowerment and access to justice Inclusive and participatory governance 7