A/HRC/31/72
society and the victim) and encourage the use of alternative measures, such as release on
bail or personal recognizance, ensuring that minorities are afforded the same conditions as
other offenders.
2.
Detention of minority women and girls
62.
States should fully implement standards set forth in the Bangkok Rules to respond to
the distinct needs and multiple forms of discrimination that minority women and girls in
prisons may face. That includes assessment of their access to gender- and culturally
relevant programmes and services in a wide range of aspects of the prison regime, such as
health care, rehabilitation programmes and visiting rights. Prison authorities shall provide
comprehensive programmes and services that address these needs, in consultation with
minority women prisoners themselves, and the relevant communities, ensuring that pre- and
post-release services are appropriate and accessible to minority women prisoners.
63.
Prison services must provide for the full range of needs of children in prison with
their mothers, whether medical, physical or psychological. As these children are not
prisoners, they should not be treated as such. The Rules also require special provisions to be
made for mothers prior to admission, so they can organize alternative childcare for children
left outside places of detention.
3.
Detention of children
64.
In compliance with the Convention on the Rights of the Child, children must be
detained strictly as a measure of last resort, in exceptional circumstances, and for the
shortest appropriate period of time. Alternatives to detention should be given preference. In
the United Nations Standard Minimum Rules for the Administration of Juvenile Justice (the
Beijing Rules) are set out a variety of non-custodial options for children facing criminal
charges, including “diversion” from detention, which keeps children in or channels them
into age-appropriate processes or programmes in the community instead. In accordance
with the recommendations of Committee on the Rights of the Child, the minimum age of
criminal liability should start at age 18.4
65.
States should ascertain whether juveniles from religious, ethnic, national or
linguistic minority communities are incarcerated at a disproportionately higher rate than
their representation in the overall population. In such cases, they should create and
implement robust crime prevention programmes providing alternative measures to
incarceration, focusing on rehabilitation while emphasizing imprisonment as a last resort.
D.
Judicial proceedings and sentencing
66.
Whatever the character or customs of a court, States must ensure their full
compliance with international human rights standards, especially equality before the law,
and the guarantee of a fair trial by a competent, independent and impartial tribunal under
the rule of law.
67.
States should ensure that accused minority persons receive competent legal
assistance at all stages of the judicial proceedings, including free-of-charge assistance,
without discrimination, particularly where imprisonment or the death penalty is a possible
sentence.
4
12
See Committee on the Rights of the Child, general comment No. 10 (2007) on children’s right in
juvenile justice.