Policies to reduce inequality in the capability to live in physical safety and legal security

Policies in this domain address differences in exposure to various forms of violence, inadequate protection, inequalities in access to justice and lack of recognition, or inadequate enforcement, of human rights. Candidate policies also focus on addressing inadequate and unequal distribution of policing and security. Corruption in the security and legal systems can lead to discrimination putting some at a disadvantage while some privileged individuals are able to avert the law and anti-corruption policies should be considered. In some countries the state itself is guilty of committing violent acts and for meddling with the judiciary, while highlighting these factors is important, care should be taken to limit personal risks.

Through your application of the MIF you will have identified the main inequalities within this domain and you should use this information along with your analysis of drivers within main driver categories to inform your work on identifying the most effective policies to reduce these inequalities.

Explore the candidate policies by main driver categories in Domain 2.

Policies by main driver categories

To find a selection of candidate policies, click on the main driver categories below.

2.1 Harmful social and cultural norms which result in certain groups being at greater risk of violence and sexual exploitation

• Policies that foster positive change in harmful behaviour, offer rehabilitation and education to offenders and ensures support for victims and groups at risk of suffering violence.
• Policies to protect women at risk of domestic violence such as the provision of safe accommodation as well as policies to ensure that violence against women is reported/recorded by police, prosecuted within criminal justice system and that women are afforded dignity and respect during their treatment by police and the criminal justice system.
• Policies to protect young girls from sexual exploitation, including age of consent and age of marriage. Policies to combat female genital mutilation and to dispel social and cultural norms that support this practise.
• Policies to protect and support young people in care and care leavers. Policies that promote positive images of people with disabilities.
• Policies that address structural problems that lead to limited opportunities to some groups and consequent membership of gangs and engagement in gang culture and violence.

2.2 Harmful social and cultural norms which result in some individuals or groups having less access to legal rights and legal security

• Policies that ensure the recording, investigating and prosecution of racist or xenophobic incidents and laws to protect from and criminalise hate crime and to ensure that hate crime is reported/recorded and prosecuted within the police and criminal justice system.
• Policies that ensure that quasi-legal systems operate in such a way that respect individuals' human rights.
• Policies that promote progressive access to legal rights for certain individuals and groups where inequalities exist.

2.3 Lack of independent, representative judiciary and police, and a legal framework which ensures adequate accountability and public scrutiny of policy and judiciary decisions

• Policies that guarantee access to justice by ensuring the independence and impartiality of judicial officials, and the proper investigation, punishment, and reparation of human rights violations.
• Policies to ensure access to judicial review, the right to appeal and media/public access to courts.
• Policies that ensure an independent police complaints procedure and the possiblity of official independent public reviews in cases where complaints are upheld.

2.4 Legal impunity, state violence and institutional discrimination

• Policies to prevent arbitrary arrest and ‘disappearance’, unlawful detention, detention without trial, unfair punishments, torture and policies to prevent disproportionality within the legal system.
• Policies that prevent arbitrary questioning, arrests and searches, for example based solely on the physical appearance of a person, or discriminatory profiling which exposes some individuals to greater suspicion.
• Policies related to due process and the conditions, treatment and safety of prisoners in detention (i.e. regulating violence in prisons, regular inspection, behaviour of prison officers, ensuring access to adequate physical and mental healthcare and prevention of self-harm and suicide) and policies to promote adequate conditions, treatment and due process in other places of detention (mental health detention, immigration detention and children’s secure units).
• Policies that ensure prison regulator is equipped and resourced to monitor and report on conditions in prison.
• Policies which prohibit ‘fast track’ legal/administrative services for the rich – eg, 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.

2.5 Inadequate and unequal distribution of policing, security and safety in public spaces and workplaces; and protection of infrastructure and resources

• Policies related to adequate policing in terms of coverage of police, presence of officers in (particularly exposed) neighbourhoods, the ability of police to control violence and respond to and investigate crimes in a timely and effective manner. Rules related to the composition of the police force (i.e. having women and minorities across all levels). Policies include strategies such as partnerships among law enforcement, schools, communities, youth organisations to respond to chronic gang problems and improve effectiveness of law enforcement in affected neighbourhoods.
• Policies to promote public safety and freedom of movement, such as safety on public transport and the provision to tackle sexual harassment and sexual assault on public transportation (reporting mechanisms, criminalisation and prosecution); investments in making public transport safer such as well-lit pavements and stations, and request stop programmes late at night and early in the morning.
• Policies related to health and safety in the workplace, an adequately resourced inspectorate and legal powers to prosecute offenders.
• Policies to reduce risk of serious injury in road traffic accidents: road maintenance, speed limits and traffic calming devices (particularly in built-up areas and known accident hot-spots), construction of pavements and safe crossing zones, use of speed cameras, and system of fines and penalties, automatic speed fixing controls fitted on certain vehicles, obligatory use of seatbelts and standards for vehicle maintenance.

2.6 Lack of recognition and implementation of International Human Rights Standards

• Policies that ensure full recognition of International Human Rights treaties and standards in domestic law and provide for their proper implementation.
• Policies that ensure the implementation of International Human Rights standards in domestic law in connection with migrants, asylum seekers, and refugees, for example the Convention on the Protection of the Rights of All Migrant Workers and Members of their Families.
• Anti-trafficking policies including an adequately resourced agency to monitor and combat trafficking in persons which conducts public education and outreach work, makes efforts to identify victims, and coordinates anti-trafficking efforts across various sectors, as well as ensuring the provision of support services for trafficking victims.
• Policies related to standards of policing including training in relation to human rights obligation, as well as systems to safeguard against cruel and unusual treatment and punishment, such as police brutality.

2.7 Unequal access to justice; lack of knowledge with regard to legal rights; unequal access to affordable and high-quality legal assistance and legal representation

• Policies to ensure that all have equal access to legal knowledge. For example, public access to resources explaining constitutional and human rights.
• Policies ensuring access to advice, assistance and representation including the provision of free legal assistance to those unable to afford it, translation services where required, appropriate legal assistance for those with disabilities, mental health problems and for minors.
• Policies to address corruption in the police and judiciary.

2.8 Lack of policies to protect children's integrity, particularly in relation of sex abuse and child pornography

• Policies aimed at preventing violence against children (and the sexual abuse of children) including: an adequately resourced child protection system with well trained social workers and health workers able to conduct home visitations; a child protection monitoring system to track incidents of violence and abuse and to enable monitoring and support services for children at risk of abuse; systems and training on child protection embedded into other public institutions (e.g. residential care, schools); mandatory disclosure policies; public information campaigns to educate parents on child development and non-violent forms of discipline.
• Policies to prevent the possession, receipt, distribution, advertisement and production of child pornography. Policies, and their enforcement, to combat child sex trafficking including the provision of adequate resources to law enforcement agencies for action in this area, public outreach to help with prevention (as well as with the identification and recovery of child victims), and support services for child victims.
• Policies to address the use of new technologies in facilitating the sexual exploitation of children and online harassment and bullying including: public education about ‘cyber grooming’ techniques used; the integration of internet literacy and safety into school curricula; adequate resources for law enforcement agencies to investigate cybercrime; appropriate legislation that allows for prosecution of sexual exploitation committed online; and efforts to prosecute offenders and clients who pay to access exploitative online content.

2.9 Lack of or insufficient policies and legal frameworks to foster equality and to protect against arbitrary discrimination

• Comprehensive anti-discrimination laws providing for equal treatment for all and prohibiting discrimination on the basis of sex, age, race, ethnicity, religious views, disability, sexual orientation in relation to: education, employment (during recruitment and in the workplace), consumer transactions and political participation; mechanisms for complaints and bodies equipped to investigate, conciliate and prosecute breaches should also be provided for.
• National action plans to combat racial and religious discrimination, including equipping specialized bodies to analyse legislation, monitor compliance and undertake activities to promote racial equality; educational programmes and public campaigns to promote greater awareness of the prohibition of discrimination, and to promote tolerance and respect for diversity.
• Policies related to gender identity including: making processes of legal gender recognition accessible and respectful; and ensuring protection from discrimination for transgender persons (including in relation to accessing public services and employment opportunities, and within the prison system, military etc.).
• Policies that ensure women have the legal right to hold capital, land and to inherit in their own name.

2.10 Unregulated access to guns and other weapons among population

• Policies related to gun control that seek to regulate, restrict and decrease gun ownership and sales (exclusions for certain people, detailed background checks and registration requirements, mandatory waiting periods, mandatory safety training courses, buy-back programmes and gun amnesties), as well as provisions to ban certain types of firearms (e.g. concealed, semiautomatic or military style weapons) and to strictly regulate sellers and dealers involved in distribution, promotion and sales.
• Policies related to the appropriate control of offensive weapons other than guns, for example restricting the sale, carrying and use of knives or other articles made for (or adapted for) causing injury, as well as provisions to ban certain types of offensive weapons (flick knives, daggers, swords, etc.) and corrosive substances such as acid, and bomb making equipment, and for knife amnesties.