specifically outlaw the worst forms of discriminatory practice, whether direct, such as racial profiling,
unequal sentences etc. or indirect. Similarly the law must provide clear and specific models for
accountability where violations occur.
Gender Dimensions
The legal framework must also be able to take account of hidden or structural gender biases which
intersect with questions of race. The Commission has had a long familiarity with this dimension, such as
Afrodescendant women defenders in Honduras or in the armed conflict in Columbia, or indigenous
women leaders, all of whom are targeted and our jurisprudence have emphasized this structural defect.
More recent examples demonstrate how deeply race and gender prejudices can run, when the
Commission heard recently of Afrodescendant women who, although victims of trafficking are
prosecuted before the justice system as prostitutes. The US has recently been introducing laws in
several states to prohibit this law enforcement response.
Juveniles
Race is an important variable in the injustices and excesses that we see in juvenile justice. For example,
because of the phenomenon of gangs and maras, there is a trend to increase penalties for youth; lower
the age of criminal responsibility (Brazil); and institute draconian Gang Laws, all of which
disproportionately penalize minorities in the current context.
The result is an increasing tendency to criminalise youth belonging to minority groups,
particularly males, subjecting them to incarceration and harsh penalties, emphasizing the punitive instead