PART I. SETTING THE BOUNDARIES FOR THE USE OF FORCE IN LAW ENFORCEMENT
Groups particularly at risk of unlawful, excessive or arbitrary use of force
Some groups in society are more at risk of human rights violations or abuse than others,
including the use of illegal or unnecessary force by law enforcement officials. Law enforcement
agencies tend to mirror the society in which they operate. Coming from that very same society,
law enforcement officials are likely to hold the same values, share the same attitudes and
stereotypes.74 If it is commonly acceptable to hold hostile attitudes towards certain segments
of society, this is likely to be reflected in the way law enforcement officials operate when
confronted with members of these groups. This can manifest itself in different ways, for
example in a readiness to use force against members of these groups (failing to respect their
rights) or in a more laissez-faire attitude when their rights have been abused or violated, such
as when failing to follow up on a complaint (failing to protect their rights).
Groups that may be more vulnerable to the abuse of force and ill-treatment than others include
members of ethnic, religious, linguistic or other groups or minorities; lesbian, gay, bisexual, and
transgender persons (LGBT); migrants, including irregular migrants; stateless persons; refugees; drug users; children and young people; sex workers; the poor; homeless persons; older
persons; persons with disabilities; members of the political opposition; victims of past human
rights violations or sexual and gender-based violence; and human rights defenders, among
others.75 The same person can be vulnerable on multiple grounds, for example a female sex
worker addicted to drugs.
Problems may also arise when law enforcement officials encounter someone who cannot communicate, due to either the language barrier or cognitive, mental or other disability.76 Such situations may lead to heightened stress levels, increasing the likelihood of the use of force and
associated risks.
Governments and law enforcement agencies need to identify and address key factors that create
and perpetuate the vulnerability of such groups and their exposure to the unlawful and arbitrary
exercise of police powers, including the existence of structural discrimination against such groups.
LIMITING THE USE OF FORCE AGAINST VULNERABLE GROUPS
In Portugal, the Regulation on Limits to the Use of Coercive Means by the National Police (2004)
provides that: “The use of coercive means which would affect the life or the physical integrity of
minors, pregnant women, elderly and disabled are of an exceptional character, and is only acceptable
in case of a threat to life or integrity of the police officer or third parties.” (chapter 1, Section 5.3, d)
74
Osse, Anneke, Understanding Policing: A Resource for Human Rights Activists, Amnesty International,
the Netherlands, 2006: https://www.amnesty.nl/sites/default/files/book_1_0.pdf.
75
Report of the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment,
(A/HRC/13/39/Add.5), 5 February 2010, para. 193.
76
For more information on human rights and disability, see OHCHR, The Convention on the Rights of Persons
with Disabilities – Training Guide, 2014.
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