Judicial stereotyping, prosecutorial inaction, police indifference—or, worse yet, active abuse,
such as sexual violence against women in custodial settings—remain widespread.
These challenges are exacerbated for minority women, who suffer from compounded
discrimination due to the intersection of race and sex with other factors such as poverty, location
and language. Many of them are subjected to violence at even higher rates than other women and
face additional obstacles in obtaining legal protection and remedies. Women belonging to ethnic
minority groups who are accused or convicted of crimes often have socio-economically
marginalized backgrounds and are overrepresented in many national criminal justice systems.
They require specialized help in overcoming obstacles to accessing services before, during and
after trial, imprisonment or release, including legal aid, translation and interpretation, health care,
housing, social welfare or employment.
3. Minority individuals living with disabilities, HIV/AIDS or other special needs
According to the World Health Organization, around 10% of the world’s population, or
650 million people, live with a disability.8 Persons with disabilities are particularly vulnerable to
discrimination. Comparative studies on disability legislation show that only 45 countries have
anti-discrimination and other disability-specific laws. 9 Thus, minority individuals who are
physically or mentally disabled inevitably face compounded discrimination. In most countries,
there already exists a need to address problems related to access to adequate healthcare services,
particularly for those from poor and socially disadvantaged groups, which often has a
disproportionate percentage of ethnic minorities, including indigenous peoples. National or
ethnic, religious or linguistic minorities with physical or mental disability constitute a
particularly vulnerable group in the criminal justice context, in particular in detention.10
IV.
Minorities and the Law Enforcement
Direct and indirect discrimination manifests itself in multiple sectors of society and, as a
result, minority groups are often underrepresented in the criminal justice system including within
law enforcement. Over time, a criminal justice system that does not reflect the demographics of
the general public can lead to a vicious cycle where social discrimination and marginalization
contributes to an accumulation of societal tension between communities and stigmatizes some
communities as possessing or displaying certain undesirable traits. Such stigmatization then fuels
further discrimination, leading long-term and deeply entrenched structural inequalities.
A representative law enforcement body reflecting the general society is an essential part
of a democratic society. While representation alone is not enough to ensure protection against
discrimination and violence by law enforcement, it is an essential tool in ensuring accountability
and integrity of law enforcement bodies. 11 Excessive use of force, racial profiling and
8
United Nations Convention on the Rights of Persons with Disabilities, Fact sheet: Some Facts about Persons with
Disabilities, available at www.un.org/disabilities/convention/facts.shtml.
9
Ibid.
10
See UNODC handbook on Prisoners with Special Needs at:
https://www.unodc.org/pdf/criminal_justice/Handbook_on_Prisoners_with_Special_Needs.pdf
11
See UNODC Handbook on Police Accountability, oversight and Integrity and UNODC/UNHABITAT Handbook
on Policing Urban Space at https://www.unodc.org/unodc/en/justice-and-prison-reform/tools.html?ref=menuside
and forthcoming UNODC/OHCHR Handbook on use of force and firearms in law enforcement.
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