PART I. SETTING THE BOUNDARIES FOR THE USE OF FORCE IN LAW ENFORCEMENT
The recently adopted United Nations Model Strategies and Practical Measures on the Elimination of Violence against Children in the Field of Crime Prevention and Criminal Justice (United
Nations Model Strategies)86 recognizes that situations such as arrest and investigation can present particular risks for children, and therefore detail a series of practical measures to reduce the
possibility of improper action. In particular, it is recommended that apprehension, arrest and
detention of children are used only as measures of last resort; that “the use of firearms, electric
shock weapons and violent methods to apprehend and arrest children” are prohibited, and “to
adopt measures and procedures that carefully limit and guide the use of force and instruments
of restraint by the police while apprehending or arresting children”.87
Recognizing also the particular vulnerabilities of children deprived of their liberty, the United
Nations Model Strategies invite States “to adopt and implement strict policies guiding the use of
force and physical restraints on children during their detention; to adopt policies prohibiting the
carrying and use of weapons by personnel in any facility where children are detained; to prohibit
and effectively prevent the use of corporal punishment as a disciplinary measure, to adopt clear
and transparent disciplinary policies and procedures that encourage the use of positive and
educational forms of discipline”.88
The United Nations Rules for the Protection of Juveniles Deprived of their Liberty (Havana
Rules) had already specified strict conditions for the exceptional recourse to instruments of
restraint and force in the case of children deprived of their liberty. In order to promote a comprehensive child-sensitive approach within the justice system, and in particular amongst law
enforcement officials, police are encouraged to acquire specialized training to deal with children,
and, where it is appropriate, that specialized units are established to deal with the complexities
and sensitivities relating to the treatment of children.89
Minorities and marginalized groups
In many countries members of minorities,90 whether ethnic, religious, racial, cultural, linguistic
or national minorities, are disproportionally subjected to the arbitrary use of force by law
enforcement officials.91 This also happens frequently to members of marginalized groups that
are economically deprived, often living in informal settlements, sometimes without steady
employment. Young males, especially those coming from minorities and marginalized groups,
are overrepresented among victims of the excessive use of force around the world.
Authorities need to identify and tackle the conditions that lead law enforcement to be disproportionately suspicious of persons belonging to certain minority groups and take proactive steps to
prevent law enforcement officers from engaging in profiling methods, including questioning,
arrests and searches, based solely on the physical appearance of a person, or the person’s features
or membership in a particular minority group. Furthermore, law enforcement agencies should
take necessary steps to ensure that all minorities are duly represented in the force, at all levels and
that law enforcement officers are trained to handle diversity, both in their relationships with
colleagues belonging to different groups and when in contact with different communities.
A/RES/69/194, 18 December 2014.
See United Nations Model Strategies and Practical Measures on the Elimination of Violence against Children
in the Field of Crime Prevention and Criminal Justice, Strategy XII, 34 (c).
88
See United Nations Model Strategies and Practical Measures on the Elimination of Violence against Children
in the Field of Crime Prevention and Criminal Justice, Strategy XV, 39 (c), (d), (e).
89
See Beijing Rule 12.
90
For more on law enforcement and human rights of minorities, see OHCHR, Human Rights and Law Enforcement,
A Manual on Human Rights Training for Law Enforcement Officials, 2017, p. 329-342.
91
See Report of the Special Rapporteur on minority issues, Rita Izsák, 30 July 2015, A/70/212.
86
87
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