Persons belonging to minority groups face discrimination in the criminal justice system
on account of their ethnicity, religion or language. Some of them face additional and intersecting
forms of discrimination due to their age, gender, sexual orientation or disability. In the criminal
justice system, a number of groups and individuals are therefore particularly vulnerable to these
forms of discrimination.
1. Minority children
As highlighted by the UN Study on Violence against Children and the Joint Report of the
Office of the High Commissioner for Human Rights, the United Nations Office on Drugs and
Crime and the Special Representative of the Secretary-General on Violence against Children on
prevention of and responses to violence against children within the juvenile justice system,
detention of children is one the most important factors of violence and human rights violations of
children. With an estimate of at least 1 million children deprived of their liberty worldwide, the
majority of whom are awaiting trial, held for minor offences and are first-time offenders.
Incidents of violence occur while in custody of police and security forces, in both pre-trial
and post-sentence detention or during a form of sentencing. Violence can be perpetrated by staff,
adult detainees and other children, or as a result of self-harm.
Children from ethnic, religious or linguistic minority groups, in particular, are often
overrepresented in the criminal justice system. This may be explained by discrimination by law
enforcement officials, but also by the greater extent of social exclusion experienced by those
groups in the countries where they live. Social exclusion tends to result in patterns of poverty,
domestic violence, gang activity, substance abuse, barriers to education, and poor prospects of
meaningful employment.6 Children of minority groups may also face additional discrimination
when their parents are in contact with the criminal justice system due to lack of appropriate
social and educational opportunities. The General Assembly, when adopting the UN Model
Strategies and Practical Measures on the Elimination of Violence against Children in the Field
of Crime Prevention and Criminal Justice in 2014, urged Member States to remove any
barrier—including any kind of discrimination—that children may face in accessing
justice and in effectively participating in criminal proceedings, to pay particular attention
to the issue of the rights of the child and the child’s best interests in the administration
of justice and to ensure that children in contact with the criminal justice system are
treated in a child-sensitive manner, taking into account the specific needs of those children who
are in particularly vulnerable situations.7
2. Minority women
The disturbingly high incidence of violence against women continues to be met with
impunity. Reasons include discriminatory provisions and practices in the criminal justice systems,
such as those allowing perpetrators to avoid prosecution if they marry the victim or attaching low
evidentiary weight to the testimony of the victims. Even where adequate legal protection and
safeguards are in place, there are chronic implementation failures in every region of the world.
6
7
See https://srsg.violenceagainstchildren.org/sites/default/files/documents/docs/A-HRC-21_25_EN.pdf
A/RES/68/189.
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