A/HRC/31/72
intervention programmes, to combat social, economic and political disadvantage of
minorities. In that regard, States should also consider taking special measures for minority
groups.
8.
It is important to recall that, a gender-sensitive approach to the implementation of
laws, programmes and measures relating to women from minorities is imperative, given
that, in the various stages of the criminal process, including in the prisons of virtually all
countries, minority women and girls may be exposed to multiple and intersecting forms of
discrimination, irrespective of their status as victims, perpetrators or witnesses.
9.
Measures to address the needs and rights of children from minorities should also be
implemented, in accordance with international standards on juvenile justice and protection
for children’s rights.
10.
All measures taken with a view to implementing the recommendations should be, to
the fullest extent possible, developed, designed, implemented, monitored and evaluated in
consultation with and with the effective participation of minorities, including women.
11.
Recognition of minority status should not be left solely to the State to decide. As
stated in the authoritative interpretation by the Human Rights Committee in its general
comment No. 23 (1994) on the rights of minorities (para. 5.2), the existence of minorities
should be established using objective criteria. Every effort should be made to ensure that
the principle of self-identification is respected.
III. General recommendations for States
12.
Regardless of the criminal law of a particular State, or the procedures followed
(adversarial, inquisitorial or combined), international law requires States to ensure that all
individuals within their jurisdiction enjoy their fundamental rights throughout the criminal
justice system: the right to a fair trial by a competent, independent and impartial court
established by law, and the right to legal aid; the presumption of innocence; the principle of
legality and non-retroactivity of more stringent criminal laws; the principle of double
jeopardy; the prohibition of torture and cruel, inhuman or degrading treatment, and the
inadmissibility of confessions obtained by torture or the use of cruel, inhuman or degrading
treatment; and the right to liberty and security of person, the prohibition of imprisonment
for civil debt and the due process required to protect these rights.
13.
States should take measures that specifically promote the equal treatment of
minorities within the criminal justice system. For the criminal justice system to remain
viable, society must be confident that, at every stage of the process, from initial
investigation by the police of a crime, to prosecution and punishment, individuals in similar
circumstances are treated alike, in compliance with the fundamental guarantees of equal
treatment under the law.
14.
States, in collaboration with representatives of minorities, should aim at dismantling
discriminatory mechanisms within the criminal justice system, including by detecting and
addressing de jure discrimination in legislation relating to matters of substance and/or
procedure, and indirect discrimination that may arise from laws, policies or practices that
are ostensibly neutral but have a discriminatory outcome in practice. Further studies to
determine the nature and scope of the problem and the implementation of national strategies
or plans of action aimed at the elimination of discrimination, including institutional
discrimination against minorities, should be encouraged.
15.
Comprehensive implementation of international standards of minority rights
protection, equality and non-discrimination is the foundation for any action or initiative
aimed at preventing and addressing discrimination against minority groups at all stages of
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