A/HRC/FMI/2015/1
14.
While session participants will identify discriminatory application of sentencing
regimes, including the death penalty and disparities in sentencing that may arise from
intentional prejudice or indirect discrimination, they will also review essential elements for
strengthening confidence and trust in the judiciary, particularly for members of stigmatized
or marginalized minority groups. Such elements may include effective measures to
guaranteeing an independent, impartial and representative judiciary, improving the
representation of minorities in the judiciary, training programmes for judges and lawyers on
minority rights and non-discrimination principles, including with respect to implicit bias
and indirect discrimination, and disciplinary consequences and the availability of
extrajudicial safeguards and accountability measures. Measures to remove obstacles for
minorities in their access to rehabilitation and support measures upon release from prison
will also be considered.
15.
While participants will share accounts of violence and abuse (or exposure thereto)
suffered by minorities in the context of detention and other forms of deprivation of liberty,
they will also identify necessary steps to prevent and prevent such acts. This will include
concrete steps to reasonably accommodate the cultural, dietary, religious and linguistic
characteristics of minority detainees, as well as appropriate independent bodies to monitor
conditions of detention, such as national preventive mechanisms established under the
Optional Protocol to the Convention against Torture that include adequate representation of
minorities.
16.
Session participants will identify essential elements to improve access to justice for
minorities, paying particular attention to those groups within minority communities whose
voices may be rarely heard, including women, at-risk children, minority persons with
disabilities, lesbian, gay, bisexual, transgender and intersex persons, and older persons.
They will identify strategies and practices to remove actual or potential obstacles
preventing minority victims from reporting a crime, to create an enabling environment for
minorities to have access to formal justice, including by guaranteeing their personal safety
and security, and through identifying and overcoming legislative, administrative, financial,
social, linguistic and/or cultural barriers that minorities, especially women, may face in
exercising their right of access to justice. Essential measures to improve access for
minorities to regional and international mechanisms for accountability will also be
considered.
5.
Addressing the root causes of discrimination in the administration of justice
17.
Session participants will identify actual and potential barriers to combating
discrimination against minorities in the criminal justice system. The discussion will include
effective strategies to address obstacles preventing the collection and analysis of
comprehensive and disaggregated data at each stage of the criminal process in order to
assess the scale and character of violations, and to measure progress in addressing them.
Exchanges of concrete experiences and positive practices of data-collection techniques on
the basis of self-identification and consent of individuals, in compliance with dataprotection and privacy guarantees and with the meaningful participation of minorities, will
be encouraged, particularly to eliminate the risk that ethnic data are misused to facilitate
rather than reduce racial and ethnic profiling.
18.
As a key factor in combating discrimination against minorities in all aspects of the
administration of the criminal justice process, session participants will identify measures to
increase the participation of persons belonging to minority groups in all aspects of the
administration of justice. This will include effective strategies to encourage the recruitment,
retention and vertical mobility of minority officers and administrators with the aim of
building a diverse workforce throughout the criminal justice system. How best to remove
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