A/HRC/31/72
including forms of abuse often classed as cultural practices, including forced and early
marriages or female genital mutilation, so they can assist in establishing appropriate
platforms to report and prevent such violations.
49.
States should ensure that mechanisms to provide advice, support and rehabilitation
for victims of crime are equally accessible to and effective for persons belonging to
minorities and are culturally adapted, where necessary.
50.
States should recognize that minority victims of a criminal act may be exposed to
secondary victimization if the responses of justice institutions fail to recognize their
experience as victims. The overall process of criminal investigation and trial may cause
revictimization because of: decisions on whether or not to prosecute, the thoroughness of
investigation, the conduct of the trial itself, the sentencing of the offender and their eventual
release. State actors responsible for ordering criminal justice processes and procedures
should take the victim’s perspective into account, within the context in which the crime
against a minority individual or community has been committed.
4.
Minority witnesses
51.
There must be no discriminatory treatment by any criminal justice official arising
from pernicious stereotypes, misinterpretation of expressions and behaviour or bias against
witnesses from a minority background as being less credible or trustworthy.
C.
Minorities in detention facilities
52.
Systematic, institutionalized and structural discrimination in society may contribute
to legitimizing and replicating discrimination, violence, torture and other cruel, inhuman or
degrading treatment or punishment against minorities, including women and children, in the
context of detention of minorities, and other forms of deprivation of liberty. States should
prevent, investigate and punish acts of violence, harassment and abuse by staff members or
other detainees against minority detainees and ensure that their physical and mental
integrity and dignity are respected at all times, from the time of arrest until eventual release.
States should ensure that discrimination, intimidation and victimization of minorities is not
tolerated in places of detention. That can be achieved by promoting a culture of nondiscrimination and equality, establishing mechanisms where staff and detainees can
challenge discriminatory incidents and promoting good relationships between staff and
detainees.
53.
States that have not yet done so are urged to bring their national legislation and
practice into line with the United Nations Standard Minimum Rules for the Treatment of
Prisoners (the Nelson Mandela Rules). Particular attention should be paid of the principle
of non-discrimination (rule 2) and the obligation to take measures to protect and promote
the rights of prisoners with special needs. States should also ensure compliance with the
United Nations Rules for the Treatment of Women Prisoners and Non-custodial Measures
for Women Offenders (the Bangkok Rules). These instruments represent the baseline
standard, which all States should strive to achieve, in ensuring a basic level of protection
for minority detainees.
54.
All places of detention should be subject to unannounced visits by independent
bodies established in conformity with the provisions and requirements of relevant
international human rights standards, including the Optional Protocol to the Convention
against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, and
should include adequate representation of minorities. As the goal of detention monitoring
bodies is preventative in nature, such bodies should strive to pay attention to the situation of
minorities in detention. They should be afforded unhindered access to all detained minority
10