A/HRC/31/72 68. States should incorporate, where possible, and in consultation with minority communities, aspects of the cultural, religious, linguistic or other characteristics of the minority communities in culturally sensitized courts, proceedings and programmes. In the absence of such courts, States should ensure that the cultural background of the accused, victims and witnesses are appropriately recognized, respected and accommodated by the authorities throughout the conduct of proceedings within the justice system. 69. States should ensure availability of interpretation services for accused minority persons not fluent in the language of the court, enabling such persons to use their own language. In the case of numerically significant minorities with historical ties, States should recognize the right of such members to have proceedings conducted in their native language. 70. States should ascertain whether direct or indirect discrimination arises from laws, policies or practices that appear neutral but in practice have a disparate impact upon members of minority groups. This should include particular examination of the application of mandatory sentencing laws on particular communities and the imposition of harsher penalties or undue delays in sentencing or in the execution of sentences. States should identify any role that direct or indirect discrimination plays in that regard and, where discovered, should take measures aimed at providing full remedies and redress. 71. There has been evidence that in some countries the death penalty is imposed and carried out more frequently against persons belonging to minority groups. This fact should be considered by States as an additional, decisive argument in favour of the abolishment of capital punishment. 72. In countries that have not abolished the death penalty, States should ensure that it is not applied as a result of discriminatory or arbitrary application of the law, including the lack of the provision of equal access to competent legal assistance and the hindering of the exercise of the rights to appeal against their sentence and to seek pardon or commutation on an equal basis with the majority prison population. States should implement safeguards guaranteeing protection of the rights of those facing the death penalty. States should undertake further studies to identify the underlying factors of the substantial racial and ethnic disparities in the application of the death penalty, with a view to developing effective strategies aimed at eliminating discriminatory practices. 73. In accordance with the Convention on the Rights of the Child, States shall never impose the death penalty on children, including minority children. States should discontinue any punishments that are mentally or physically damaging to children, including corporal punishment and life imprisonment without the possibility of parole. 74. States should ensure that in adjudication and sentencing processes for minority children, children’s rights and fair trial guarantees are applied without discrimination. Regardless of the child’s background, sex or origin, sentencing should always comply with the best interest of the child. States should adopt appropriate measures, including legislative measures, to ensure that adjudicating bodies secure minority children’s participation in court processes, ensuring that any sentence is clearly communicated by a judge or magistrate in a language they can understand. 13