A/HRC/8/4
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conflict resolution and the administration of justice. In this regard, particular mention should be
made of General Recommendation No. 31 of the Committee on the Elimination of Racial
Discrimination, on the prevention of racial discrimination in the administration and functioning
of the criminal justice system, which, in keeping with the Bangalore Principles of Judicial
Conduct,62 calls upon States to “guarantee the right of every person ... to an effective remedy
against ... acts of racial discrimination” and “ensure respect for, and recognition of the traditional
systems of justice of indigenous peoples, in conformity with international human rights law”.
50. In one of his reports (E/CN.4/2004/80), the Special Rapporteur on the situation of human
rights and fundamental freedoms of indigenous people spoke about the relationship between
discrimination against indigenous peoples and the justice system, noting the physical isolation
and poor communications in indigenous areas, and the absence of an effective judiciary designed
for the needs of indigenous communities. In addition, lack of access to justice may indicate that
the official legal culture in a country is not adapted to deal with cultural pluralism and that the
dominant values in a national society tend to ignore, neglect or reject indigenous cultures. Within
the justice system, particularly in the area of criminal justice, women, young people and children
are particularly disadvantaged.
2.
Women
51. In many countries, the integration of women into the bodies established for the
administration of justice has been extremely limited. By way of example, the Special Rapporteur
draws attention to the reports on his missions to the Republic of Maldives63 and Kyrgyzstan.64 At
the international level, there is a positive requirement for equal representation of men and
women among the members of the International Criminal Court.65 A similar positive requirement
at the national level is the establishment of ombudspersons for women - an institution now to be
found in several countries, particularly in Latin America;66 however, in many cases they may
intervene only in response to violations of rights by the State or may only issue comments, or
aboriginal legal aid being managed into extinction?”, Law Society Journal, vol. 45, No. 7, 2007,
pp. 28-29.
62
Judicial Group on Strengthening Judicial Integrity, The Bangalore Draft Code of Judicial
Conduct 2001, 25-26, 2002, adoptados por el ECOSOC en su Resolución 2006/23, de marzo
de 2006.
63
L. Despouy, Misión a Maldivas, Doc. A/HRC/4/25/Add.2 2 May 2007, pár. 31 y 80.
64
L. Despouy, Misión a Kirguistán, 2 de diciembre 2005, Doc. E/CN.4/2006/52/Add.3, pár. 61.
65
Artículo 36.8 (a) iii) del Estatuto de Roma por el que se establece la Corte Penal
Internacional.
66
En Ecuador se creó la defensa de los derechos de la mujer, niñez y adolescencia, en
Guatemala la Defensoría de la Mujer Indígena.
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