As mentioned previously, access to legal aid is critical in preventing infringement upon fundamental rights such as right to a fair trial and right to equality before the law. Access to legal aid is particularly important during criminal proceedings, including on appeal and other related proceedings, as the likelihood of wrongful convictions and violation of due process rights increase exponentially without advice of a lawyer. For members of minority groups, in particular, the risk is even higher due to direct and indirect discrimination discussed above. For some minority communities, their exclusion from the dominant group may even result in some minority defendants not even being aware of their basic rights such as the right a court-appointed lawyer due to exclusion resulting from language barriers and declining the assistance of the lawyer in fear of having to pay for the legal services. A good practice in enhancing protection for members of minority groups in this regard is raising awareness on the rights of the accused, particularly in marginalized and socially disadvantaged communities where members of minority groups are concentrated, delivered in the language spoken by such minorities. Another essential measure in protecting rights of individuals belonging to a minority group in judicial proceedings is for States to take remedial action on those legislation and practice with an unjustifiable disparate impact groups distinguished by race, descent or ethnic origin, such as mandatory sentencing laws. States should review their legislation, policies and practices and take affirmative action to prevent or end policies with such unjustified discriminatory impact. 2. Measures to increase diversity in criminal justice system professionals As with law enforcement officials and prison staff, international good practice indicates that the makeup of judges, prosecutors and other professionals in the criminal justice system must also reflect the ethnic, racial, cultural and religious diversity of the community-at-large. Judges and prosecutors should also be trained in issues relating to cultural and religious diversity so as to foster an understanding of the special needs of minority groups in criminal justice systems. This in turn contributes to reducing overt discrimination against defendants from minority groups and mitigates the risk of infringing upon the fundamental rights such as the right to a fair trial and right to equality before the law. VIII. Conclusion This joint written submission has identified gaps and challenges in the field of minority protection in the criminal justice context. By suggesting practical measures and good practices that can contribute to filling such gaps and protect the human rights of individuals belonging to minority groups, the Network aims to assist in identifying ways to engage with stakeholders in preventing and addressing possible contributing factors to discrimination in criminal justice processes. Through its Action Plan to support the implementation of the Guidance Note, the Network is available to support the recommendations of the 8th session of the Forum on Minority Issues. Page 11 of 11

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