A/HRC/54/71 Criminal justice system and access to justice 44. The two main issues regarding racism in the administration and functioning of the criminal justice system are adherence to the principle of equality before the law and the criminalization of racism.48 Children and young people of African descent constitute one of the groups in situations of vulnerability that experience disproportionately low rates of access to high-quality education and alarmingly high rates of violence, including at the hands of law enforcement officers. Children and young people of African descent are often seen as adults and are too often racially profiled and targeted by the police for stop-and-search, fostering anger, frustration and a lack of faith in law enforcement agencies and, in extreme cases, provoking suicide. 45. The difficulties that women experience in gaining access to justice are compounded by several factors, including societal discrimination, a lack of education and awareness of their rights and a lack of readily available legal assistance. The situation is even more troubling for women of African descent, even though relevant international norms exist, including those reflected in Committee on the Elimination of Racial Discrimination general recommendations No. 31 (2005) and No. 32 (2009). 46. The Working Group has expressed concern about the racial profiling and discrimination faced by people of African descent within the criminal justice system. It has called for measures to address and prevent racial profiling by law enforcement and to ensure equal treatment before the law. It has consistently, including in country visit reports, raised awareness about the overrepresentation of people of African descent in the criminal justice system and has urged Governments to address the underlying factors contributing to such overrepresentation, such as socioeconomic inequalities and bias in policing and sentencing. 47. The Working Group has noted that racial and sexual violence and harassment deprive women of African descent from accessing justice. The problem is even worse for women of African descent incarcerated in foreign countries where legal and consular services are unavailable. It has recommended that legal assistance for women of African descent be prioritized through awareness-raising, including the development of user-friendly, gendersensitive information guides on the administration of justice. 48. The Working Group has underlined the importance of questioning the very concept of justice in all fields and the need to broaden the definition of justice to include social justice, access to justice and the application of the legal system to address historical injustices. 49. The Working Group has emphasized the importance of ensuring that people of African descent have equal access to legal representation and assistance. It has called for measures to address barriers to legal representation, such as affordability and geographical availability. 50. The Working Group has condemned the excessive use of force by law enforcement against people of African descent and has advocated for accountability and justice in cases of death in State custody. It has also advocated for awareness-raising for law enforcement, judges and legal professionals to address racial biases and stereotyping and to promote justice. It has stressed the importance of collecting and analysing disaggregated data to better understand the experiences of people of African descent in the criminal justice system. Such data are crucial for evidence-based policymaking and for monitoring progress in addressing inequalities. Development 51. The legacy of colonialism and centuries of enslavement, manifested in contemporary inequality, structural discrimination and racism against people of African descent, has impeded the full realization of their right to development. The Working Group recognizes that historical injustices have undeniably contributed to the poverty, underdevelopment, marginalization, social exclusion, economic disparities, instability and insecurity that affect many people in different parts of the world, in particular in developing countries, and also recognizes the need to develop programmes for the social and economic development of these societies and of African diaspora communities within the framework of a new 48 GE.23-15301 A/HRC/27/68, para. 19. 11