The right to equality before the court is also enshrined in Article 14(1) of the ICCPR, which states that “All persons shall be equal before the courts and tribunals […]”. The Human Rights Committee has referred to the right to equality before courts and tribunals, including equal access, as a “key element” of human rights protection and as a procedural means to safeguard the rule of law. Equal treatment is broader in its application and engages the principles of equality before the law and non-discrimination. In its most simple sense, equality before courts and tribunals involves the idea that everyone should be treated the same. Gender equality is a particularly important aspect of this broader principle. Although measuring the overall system’s respect for gender equality would require a much more comprehensive exercise and dedicated efforts, for the purpose of this report ISTIQLAL considered as a first indicator of this the severity of sentencing in relation to the gender of the accused. Data collected in West Bank courts shows that there are no significant differences in the distinction between male and female defendants in sentencing by the Serious Crimes Court od First Instance Courts. On average, sentences imposed against women were more lenient than those against men in the Serious Crimes Court; in fact, all 13 women sentenced during the reporting period received a sentence equal to the legal minimum foreseen by the law for the crime they were found guilty of. Chart 17 - Sentencing severity by gender (%) 100% 90% 80% 70% 60% Legal maximum 50% In between 40% Legal minimum 30% 20% 10% 0% Male Female Serious Crimes Court Male Female First Instance Courts West Bank Gender equality in sentencing was more evident in judgments by West Bank First Instance Courts. An equal percentage of men and women were sentenced to the legal minimum. Most men and women received a sentence falling between the legal minimum and maximum, with a slightly higher percentage of men sentenced to the legal maximum than women. These indicators constitute a first indicator that before Palestinian Courts gender does not influence the issuance of rulings in favour of either sex, or that courts discriminate on a gender basis. 39