systems. States shall recognize, respect, and protect
the various indigenous forms of family, in particular,
the extended family, as well as their forms of
matrimonial union, filiation, descent, and family name.
In all cases, gender and generational equity shall be
recognized and respected.
2. In matters relating to custody, adoption, severance
of family ties, and related matters, the best interests
of the child shall be a primary consideration. In
determining the best interests of the child, courts and
other relevant institutions shall take into account the
right of every indigenous child, in community with
members of his or her people, to enjoy his or her
own culture, to profess and practice his or her own
religion, and to use his or her own language, and, in
that regard, shall take into account the indigenous
law of the people concerned and their points of view,
rights and interests, including the positions of the
individuals, the family, and the community.
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