A/HRC/35/10 F. Equality before the law and access to justice 42. Harmful stereotypes and bias by State officials, including the police and organs of the criminal justice system, can lead to discrimination against women and girls affected by intersectional discrimination, resulting in violations of the rights to equal treatment before the law, fair trail and access to remedies. For instance, an inquiry conducted by the Committee on the Elimination of Discrimination against Women found that Aboriginal women in Canada were reluctant to report violence to the police mainly owing to police behaviour and bias, and that stereotypical attitudes towards Aboriginal women often had a negative impact on the quality of police investigation (CEDAW/C/OP.8/CAN/1, paras. 138 and 205). 43. The ability of women in vulnerable situations, including among indigenous women, minority women and women with disabilities, to have access to justice is inextricably linked to factors such as poverty, access to health and education, and recognition of their rights relating to land, resources and their status in society (see A/HRC/27/65). These factors may also increase the likelihood of women being detained.30 In many countries, women from minorities and indigenous groups represent the fastest growing segment of the prison population; for example, the Special Rapporteur on violence against women, its causes and consequences, found that Aboriginal and Torres Strait Islander women and girls accounted for the largest prison population group in Australia, with legal frameworks and socioeconomic disadvantages contributing to this overrepresentation.31 44. The discriminatory implementation of laws, for example on nationality and citizenship, also create barriers to the full and equal realization of the rights by specific groups of women and girls. Minority, indigenous, migrant or refugee women are often confronted with such barriers when seeking access to services for formal registration of births, marriage, residence and other documents or relevant information on their rights (A/HRC/23/50, para. 86). The Committee on the Elimination of Discrimination against Women found that stateless women and girls face heightened risks of abuse in times of conflict because they do not enjoy the protection that flows from citizenship, including consular assistance, and also because many are undocumented and/or belong to ethnic, religious or linguistic minority populations.32 45. Discrimination based on gender, race, ethnicity or religion may also result in irregular migration status, which increases the risk of violence, detention and deportation. In the absence of State protection and firewalls that separate service providers from immigration officials, many may be afraid to report abuse and violence, which creates barriers in access to justice and also offers relative impunity to perpetrators. 30 31 32 See for example OHCHR, Rapport sur la situation des droits des femmes dans les lieux de détention au Sénégal, Dakar, March 2015. OHCHR, “End of mission statement by Dubravka Šimonović, United Nations Special Rapporteur on violence against women, its causes and consequences, on her visit to Australia from 13 to 27 February 2017”, 27 February 2017. See also Amnesty International, “’Heads Held High’: keeping Queensland kids out of detention, strong in culture and community”, 31 August 2016. Committee on the Elimination of Discrimination against Women, general recommendation No. 30, para. 60. 11