A/70/212
drop charges, which are linked to a combination of their gender and minority
status. 96 In some countries of Eastern and Central Europe and Central Asia, parental
attitudes can limit minority children’s access to justice: girls in particular are
expected to remain silent about problematic family situations. 97
68. Minorities may be at higher risk generally of being victims of ordinary crime,
or may need access to justice and reparation particularly in relation to hate crimes
motivated by their minority status. 98 Yet, many jurisdictions lack definitions and
working protocols for the recording, investigation and prosecution of hate crimes.
This leads to the rapid erosion of minorities’ trust in justice. Responding effectively
to hate crimes can assist in rebuilding trust.
69. States must ensure that members of marginalized minority communities are
made aware of their rights as victims and of mechanisms specifically designed to
facilitate their access to justice. Targeted assistance programmes for minority
victims, dealing with emotional trauma, participation in the criminal justice process,
and receiving reparation and rehabilitation, should be developed in cooperation and
consultation with the minority community, publicized through minority media and
in minority neighbourhoods, and provided in minority languages. 99
70. Police, prosecutors, judges and lawyers should demonstrate sensitivity and
cultural familiarity when questioning or taking testimony from minority victims.
For instance, the Special Rapporteur has been a witness to the questioning of a
Roma woman who had been sterilized without her consent, and faced serious
cultural and religious challenges in explaining her experience to the authorities. The
rude response of the authorities imposed additional suffering, thereby deepening the
impact of the original violation. The United Nations Office on Drugs and Crime
(UNODC) publication entitled “The status and role of prosecutors: a United Nations
Office on Drugs and Crime and International Association of Prosecutors guide ”
recommends that protocols be established to guide prosecutors when dealing
personally with those who require special assistance, so as to ensure their full
participation in the criminal process. 100
2.
Witnesses
71. Courts must not assign lesser credibility to the testimony of minority witnesses
on the basis of prejudices about the minority; owing to differences in appearance,
dress, body language or demeanour; or owing to a differen t use of language which,
__________________
96
97
98
99
100
15-12578
Communication IND 4/2014. See also, regarding women of African descent, A/HRC/27/68
(WGPAD report on access to justice, 2014), para. 59.
UNICEF, Insights, issue 1/2014: “Child rights in Central and Eastern Europe and Central Asia:
promoting equitable access to justice for all children”, p. 10.
European Union Agency for Fundamental Rights, EU-MIDIS Data in Focus Report: Minorities
as Victims of Crime (Vienna, 2012; and A/HRC/28/64.
United Nations Office for Drug Control and Crime Prevention, “Handbook on Justice for
Victims”, 1999, p.12 (available from https://www.unodc.org/pdf/criminal_justice/UNODC_
Handbook_on_Justice_for_victims.pdf); report of the Independent Expert on Minority Issues, on
institutional attention to minorities, A/67/293 (2012), para. 95; and OSCE Recommendation 17
on Policing in Multi-Ethnic Societies. See also, e.g., European Dialogue, Ethni c Minorities and
Access to Justice in the Russian Federation, 2006, p. 17.
UNODC, “The status and role of prosecutors: a United Nations Office on Drugs and Crime and
International Association of Prosecutors Guide”, Criminal Justice Handbook Series, 2014, p. 70.
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