A/HRC/30/19 29. Furthermore, overincarceration may negatively affect family members who lose the main breadwinner, thereby adversely impacting on the best interests of the affected child or children.114 H. Right to equality and non-discrimination 30. The effects of overincarceration and overcrowding in places of detention are especially negative for members of groups such as women,115 children,116 persons with disabilities,117 racial minorities118 and indigenous peoples,119 and non-citizens. Owing to overstretched resources, the specific needs of persons belonging to these groups cannot be addressed. Failure to separate pretrial detainees from others,120 adults from children121 and men from women122 has been alleged to lead to exploitation and sexual violence.123 The specific needs of women and girls in relation to their right to health are disregarded,124 in particular in the case of pregnant women, girls and nursing mothers.125 There are reports of young children being detained with their mothers126 and failure to respect the special needs of children in detention.127 Places of detention are reported to have insufficient number of female128 or minority129 staff, which impacts adversely upon women130 and members of minorities in detention. Furthermore, persons with disabilities are held in environments that include areas inaccessible to them131 and often prisoners with mental illnesses are not separated from others.132 31. Overcrowding and the associated failure to address the needs of the members of these groups in detention has made them particularly vulnerable to violence,133 and can lead 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 See www.achpr.org/files/sessions/37th/mission-reports/prisons2004/misrep_specmec_priso_southafrica_2004_eng.pdf, chapter F(i); and M v. The State, Constitutional Court of South Africa Judgement (2007). See also CRC/C/GC/14, para. 69. See CEDAW/C/BRA/CO/7, para. 32. See CAT/C/LKA/CO/3-4, para. 14, and A/HRC/28/68, para. 41. See also Juvenile Reeducation Institute v. Paraguay, Inter-American Court of Human Rights Judgement (2004), para. 175. See A/68/295, para. 45. See www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=16257&LangID=E. See CAT/OP/NZL/1, para. 33. See CAT/C/GAB/CO/1, para. 17; CAT/C/MUS/CO/3, para. 14; CAT/C/LKA/CO/3-4, para. 14; and CCPR/C/MOZ/CO/1, para. 14. See E/C.12/LKA/CO/2-4, para. 32; www.achpr.org/files/sessions/12th-eo/missionreports/promotion_mission-2012/mission_report_mauritania_cpta_eng.pdf, para. 38; CAT/C/BLR/CO/4, para. 19; CAT/C/SYR/CO/1, para. 30. See CAT/C/KHM/CO/2, para. 19, and CCPR/C/BDI/CO/2, para. 18. See SRT A/HRC/28/68, para. 68; Juvenile Reeducation Institute v. Paraguay, Inter-American Court of Human Rights Judgement (2004), para. 175; CAT/C/BOL/CO/2, para. 18; and A/HRC/28/68, para. 58. See A/HRC/22/50/Add.2, para. 13; CEDAW/C/BRA/CO/7, para. 32; and www.achpr.org/files/sessions/37th/missionreports/ethiopia/misrep_specmec_priso_ethopia_2004_eng.pdf, p. 33. See CEDAW/C/BRA/CO/7, para. 32-33. See CAT/C/KEN/CO/2, para. 12, and CAT/C/RWA/CO/1, para. 19. See CAT/OP/MEX/1, para. 187. See CPT/Inf (2014) 13, para. 53, and CAT/C/KHM/CO/2, para. 19. See CPT/Inf (2014) 13, para. 53. See CPT/Inf (2014) 13, para. 53. See A/68/295, para. 45. See CAT/OP/HND/1, para. 191. See CAT/OP/PRY/1, para. 148, and Council of Europe document CPT/Inf (2015) 12, para. 54. See also www.achpr.org/files/sessions/52nd/inter-act-reps/185/activty_report_prisons_eng.pdf, p. 15. 11

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