Discussion
During the discussion under item IV, the following points were raised by the participants:
- the lack of available data reflecting the number of acts of police violence perpetrated
against members of minority communities in certain countries;
- the challenge of conducting investigations and ensuring accountability for violations
against minorities in the context of an ethnic conflict;
- the language barrier, which sometimes prevents certain minorities from effectively
using courts;
- the long term intergenerational impact generated by the disproportionate prosecution
and detention of members of minorities, and the particular importance for judicial
authorities to uphold the best interests of the child in their decisions;
- the need for implementation of existing protection frameworks for minorities, and the
importance of using a human rights-based approach to ensure effective participation of
minorities in all aspects of the criminal justice system;
- the particular attention needed to tackle intersectional discrimination faced by minority
women in situation of detention;
- examples of good national practice in relation to culturally sensitive correctional
measures.
Item V. Addressing the root causes of discrimination in the administration of justice
The session identified actual and potential barriers to countering discrimination against
minorities in the criminal justice system, including effective strategies to address
obstacles preventing the collection and analysis of comprehensive and disaggregated
data at each stage of the criminal process. The session identified measures to remove
actual or potential obstacles for minorities joining relevant professions including the
police, the judiciary, prosecution services, the legal profession and prison personnel, and
shared positive examples of systems in place to guarantee independent oversight and
accountability mechanisms for upholding the independence and integrity of the police
and the judiciary. The session discussed concrete examples of how to ensure that relevant
training initiatives are designed and implemented with the meaningful participation of
and in consultation with minority groups.
M. Mutuma Ruteree, UN Special Rapporteur on contemporary forms of racism,
racial discrimination, xenophobia and related intolerance, raised the importance of
addressing root causes of discrimination in order to improve efforts to eliminate
discrimination in law enforcement and criminal justice processes. Mr Ruteree devoted his
more recent report to the General Assembly to the issue of stop and search practices,
which have disproportionately targeted minority populations. He warned against the use
of new technologies that purport to create automatically generated “risk profiles” for
specific ethnic groups, which he argued could become a regularized and permanent
fixture of immigration and border control management systems around the world. The
legal framework to prevent discrimination needed to be comprehensive, with adequate
data concerning stopped individuals collected on the basis of self-identification and
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