of a rehabilitative environment. There is also a spill-over effect on their economic, social and cultural
rights, in particular, the right to education and family life.
Legal Framework inadequately Contemplates Remedies for Race
Despite the clear evidence of discrimination in the criminal justice system, the legal framework
inadequately contemplates remedies for these violations. The Commission has found that police abuses
across the region are met with indifference or refusal to address accountability issues. They are rarely, if
every independent and predictably, conclusions are skewed against victims. In some cases, military
tribunals are utilized. In Honduras, there is a proposal to enshrine military police in the Constitution,
complete with military forms of justice. In the US, the Federal government itself has acknowledged this
lack of accountability. The statistics are telling. This is by no means atypical. There is need for new laws
and policies to ensure independence and accountability.
We must also guard against moves to undermine attempts to make law enforcement more
accountable, such as laws that aim to make citizen cameras and videos outlawed. It is this technology
that has made many of these abuses visible. Similarly laws are needed to prevent police cameras when
utilized, from being tampered with or ensure that the recorded information is transparent.
I leave you with an important question: How can the criminal justice legal system better
HARNESS complaints of race discrimination? Thankfully, this is an issue that has become more visible
in recent years. There is evidence that these issues are still under-reported, so better data collection
(which is necessary) will only go so far. Such cases are sparse even before international tribunals, such
as the IACHR. There are many reasons for this, including: