illustration for the drivers of inequality

Driver Category 2.4

Legal impunity, state violence and institutional discrimination

This driver covers physical security risks related to the states' own conduct (human rights violations), and physical security impacts from conflict and war.

It covers aspects related to institutionalised identity-based discrimination – where certain groups receive harmful or poorer treatment by police, in court and in prison (including being at risk of physical harm and in relation to sentencing inequalities).

It also covers instances when certain (favoured, powerful) groups receive greater legal protections and better treatment due to political capture and their ability to influence law-making, avoid prosecution or secure more favourable treatment before the court for their crimes.

Guiding Questions

General questions

  • Is there evidence of arbitrary arrest and ‘disappearance’, unlawful detention, detention without trial, unfair punishments, torture?
  • Is there evidence of poor conditions, treatment and safety of prisoners in detention?
  • Is there an independent regulator of prisons and an effective inspection regime?
  • Do prisoners and those held in detention (mental health detention, immigration detention and children’s secure units) have access to adequate physical and mental healthcare and services to help with the prevention of self-harm and suicide?
  • Is there evidence of discrimination in terms of the treatment and detention conditions of those held in detention?
  • Are policies in place to prevent disproportionality within the legal system?
  • Are policies in place to prohibit ‘fast track’ legal/administrative services for the rich – for example, with regard to buying citizenship (including on the basis of investment), negotiating fines and penalties in legal cases including: tax dodging or business misconduct, use of special airport channels etc?

Indicators

Potential indicators to monitor the drivers of inequalities in this main driver category

  • Number of prosecutions for honour maimings
  • Number of investigations and prosecutions into police misconduct and brutality (disaggregated by relevant characteristics of victims)
  • Share of prisons/detention centres for which an independent inspection report was published
  • Number of complaints made to NGOs about torture or mistreatment
  • Number of people held in detention without charge
  • Number of staff employed by equality body and annual budget

Candidate Policies

To see related Candidate Policies in this main driver category please click here.