A/HRC/40/62
VIII. Conclusions and recommendations
104. Persons with albinism continue to face serious and deep-rooted obstacles to
accessing justice, despite some progress and best practices. Therefore, justice
mechanisms should be sensitized and strengthened to enable persons with albinism or
their families to obtain redress that is expeditious, fair and accessible. In this regard, a
system-wide approach should be applied and should include all forms of human rights
violations, from discrimination in economic, social and cultural rights to the right to
life and security of person.
105. In order to ensure equal and effective access to justice for all persons with
albinism, States – particularly those with records of attacks – should undertake the
following actions.
106.
With regard to the formal justice system, States should:
(a)
Undertake a justice needs assessment that specifically captures the lived
experiences of persons with albinism – both victims of attacks and generally – in order
to improve their access to justice, particularly accountability;
(b)
Incorporate in the training of actors in the justice system, including
police, courts, tribunals, national human rights institutions, ombudspersons, forensic
investigations and other mechanisms, modules on all barriers to the enjoyment of
human rights by persons with albinism and measures to remove them that facilitate
justice and human rights protection. Training should highlight those rights beyond
the right to be protected from attacks, namely economic, social and cultural rights;
(c)
Ensure prompt investigation and prosecution of cases of attacks against
persons with albinism, including those involving forcible removal of any body part,
from hair to limb;
(d)
Continually conduct research and investigations to determine and
eradicate the root causes of attacks in order to understand where the markets for
body parts are (including cross-border trade) and to capture and prosecute all
perpetrators, including masterminds;
(e)
Formulate and implement country action plans premised upon the
Regional Action Plan on Albinism in Africa;
(f)
Ensure that ongoing systemic awareness-raising efforts take place
frequently, not only on commemorative days;
(g)
Provide competent and affordable legal representation and effective
legal aid and waive legal fees if necessary;
(h)
Establish a sufficient number of mobile courts and legal aid clinics with
experienced legal representatives specifically for rural settings;
(i)
Ensure equal access for persons with albinism by providing them with
reliable legal information, in accessible format, at various points of entry into the legal
system, including police stations, court clerks and registries;
(j)
Train and raise the awareness of justice system personnel regarding the
multiple discrimination faced by women as well as the principle of equality, including
measures to:
(i)
Create supportive environments that encourage women to claim their
rights, report crimes committed against them and actively participate in
criminal proceedings;
(ii)
Protect women against secondary victimization in their interactions with
law enforcement and judicial authorities.
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