A/HRC/43/42 74. In some countries, particularly where there have been no reports of attacks against persons with albinism, there has been a presumption that it is not necessary to collect data specifically in relation to persons with albinism. 97 This presumption is problematic because insufficient data, or a total absence of data, constitute a barrier to understanding the condition and the situation of those impacted by it. For instance, emerging data are challenging the previously reported prevalence of albinism across Europe. Previously, this was reported as 1 person in 17,000, whereas new data indicate a significantly higher prevalence in the region, for instance in parts of Northern Ireland and the Netherlands (A/74/190, para. 65). 9. Access to justice, redress and rehabilitation 75. The relatively high incidence of attacks against children with albinism has been attributed to the fact that attackers often find it easier to manipulate or entice children away from a secure environment. Children rarely have the physical ability to defend themselves against such attacks. Therefore, it is important to ensure that access to justice is available and accessible. However, a child-sensitive approach has not been adopted in the justice system in many countries.98 76. In addition, since targeted attacks against women and girls with albinism often involve sexual violence, it is imperative that the justice system be gender sensitive in the handling of the victim throughout the entire court process. However, this is often a challenge. One stakeholder notes that the bureaucratic nature of the justice system remains a barrier to access to justice. The long process is exhausting, emotionally draining and embarrassing to the victim, leading to a lack of willingness by victims to report violations against them. 77. There are also concerns about the safety of the women with albinism who choose to report their ordeal to the authorities, because many fear reprisals from the perpetrators. 99 For instance, in Kenya and the United Republic of Tanzania, women with albinism whose conjugal partner, family member or friend was involved in attacks against them or their child with albinism reportedly face threats of reprisals after testifying against such perpetrators. Reprisals often come from both family members and the community at large. 100 Other women complain of the lack of privacy and confidentiality in the justice system, particularly in sexual assault cases. A submission received from Mozambique indicates that when a crime is reported to the police, the complainant’s personal information is usually disclosed to the accused. 101 Moreover, women with albinism are sometimes deterred from seeking redress through the justice system because of the discriminatory attitudes of agents or personnel of the justice system. 102 78. As stated above, women with albinism and mothers of children with albinism often face banishment from their community. However, when this is reported to the police, the authorities rarely consider banishment to be a crime or do not prioritize the matter for investigation.103 79. In several regions, the poverty faced by women with albinism often means that they are unable to pay the high cost of legal fees and therefore have to rely on the public legal aid system, which is usually overburdened with other cases. 104 Moreover, lawyers often do 97 98 99 100 101 102 103 104 Submission from Azerbaijan. The Guidelines on Justice in Matters involving Child Victims and Witnesses of Crime indicates that the term “child-sensitive” denotes an approach that balances the child’s right to protection and that takes into account the child’s individual needs and views. Submissions from Burundi, Democratic Republic of the Congo, Kenya, Mozambique and Senegal. Submission from Kenya. Submission from Mozambique. Submissions from Colombia and Venezuela (Bolivarian Republic of). Submissions from Cameroon, Democratic Republic of the Congo, Eswatini, Ghana, Kenya, Malawi, Mali, Mozambique, Senegal, United Republic of Tanzania and Uganda. Submissions from Burundi, Cameroon, Eswatini, Guinea, Kenya, Malawi, Nigeria, Senegal and Uganda. 15