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and alternative care of indigenous children in a culturally sensitive way. Maintaining the best
interests of the child and the integrity of indigenous families and communities should be primary
considerations in development, social services, health and education programmes affecting
indigenous children.19
48. Furthermore, States should always ensure that the principle of the best interests of the child
is the paramount consideration in any alternative care placement of indigenous children and in
accordance with article 20 (3) of the Convention pay due regard to the desirability of continuity
in the child’s upbringing and to the child’s ethnic, religious, cultural and linguistic background.
In States parties where indigenous children are overrepresented among children separated from
their family environment, specially targeted policy measures should be developed in consultation
with indigenous communities in order to reduce the number of indigenous children in alternative
care and prevent the loss of their cultural identity. Specifically, if an indigenous child is placed in
care outside their community, the State party should take special measures to ensure that the
child can maintain his or her cultural identity.
Basic health and welfare
(arts. 6, 18 (para. 3), 23, 24, 26, 27 (paras. 1-3) of the Convention)
49. States parties shall ensure that all children enjoy the highest attainable standard of health
and have access to health-care service. Indigenous children frequently suffer poorer health than
non-indigenous children due to inter alia inferior or inaccessible health services. The Committee
notes with concern, on the basis of its reviews of States parties’ reports, that this applies both to
developing and developed countries.
50. The Committee urges States parties to take special measures to ensure that indigenous
children are not discriminated against enjoying the highest attainable standard of health. The
Committee is concerned over the high rates of mortality among indigenous children and notes
that States parties have a positive duty to ensure that indigenous children have equal access to
health services and to combat malnutrition as well as infant, child and maternal mortality.
51. States parties should take the necessary steps to ensure ease of access to health-care
services for indigenous children. Health services should to the extent possible be community
based and planned and administered in cooperation with the peoples concerned.20 Special
consideration should be given to ensure that health-care services are culturally sensitive and that
information about these is available in indigenous languages. Particular attention should be given
to ensuring access to health care for indigenous peoples who reside in rural and remote areas or
in areas of armed conflict or who are migrant workers, refugees or displaced. States parties
should furthermore pay special attention to the needs of indigenous children with disabilities and
ensure that relevant programmes and policies are culturally sensitive.21
19
Ibid.
20
ILO Convention No. 169, article 25 (1, 2).
21
CRC, general comment No. 9 on The Rights of Children with Disabilities, 2006.