A/HRC/57/47
representation, respect and inclusion in decision-making processes. Overcoming these
barriers requires, among other things, comprehensive public policies, improved accessibility
and awareness-raising. 60 Ensuring the right to consultation and free, prior and informed
consent of Indigenous persons with disabilities is one of the most important principles that
can protect their right to full and effective participation in decisions affecting them.
Unfortunately, in many States, the requirement for free, prior and informed consent and the
meaningful participation of Indigenous Peoples does not take into account the barriers faced
by Indigenous persons with disabilities and does not include provisions for their inclusion in
decision-making processes.
54.
The right to participate in public affairs is closely related to the full realization of the
right of access to information. Technology is key in, inter alia, engaging in individual,
community and public life, and must be inclusive for persons with disabilities. Technology
can support inclusion and participation, including in political, economic and social life.
Advancements in technology, including artificial intelligence, if used in line with
international human rights standards, have the potential to enhance accessibility and
affordability for persons with disabilities, as well as to enhance, inter alia, their participation
in public and political affairs.
V. Psychosocial disabilities
55.
The prevalence of racism, colonialism, land dispossession and the resulting
intergenerational trauma that affects Indigenous Peoples, in addition to inequities in the
underlying and social determinants of mental health, are factors that can lead to a higher rate
of psychosocial disability among Indigenous Peoples across the world.61 Indigenous Peoples
have been subject to attempted erasure of culture, forced evictions, forced sterilization and
forced assimilation; these persistent harms are a cross-generational “psychological wounding”
that manifests as a greatly increased likelihood of mental health conditions and psychosocial
disabilities.62
56.
In contrast, a lack of understanding and respect for the Indigenous worldview and
psychosocial diversity and the imposition of a colonial biomedical understanding of mental
health that informs laws, policies and practices can lead to inappropriate diagnosis and the
disproportionate use of coercive measures.63 The mental health treatment techniques used in
Western psychology and psychiatry may not only be ineffective but could also be harmful or
retraumatizing for Indigenous Peoples if intergenerational trauma is not recognized in their
intake, assessment and diagnostic processes. 64
57.
Removing Indigenous Peoples with psychosocial disabilities from their homes and
placing them in State or private institutions is similar to other forms of forced removal and
institutionalization that Indigenous Peoples have faced, including in child welfare.
Psychosocial disability and the mental health of parents continue to be used for the forced
removal of Indigenous children from their families and their placement in State and private
institutions. Psychologists and psychiatrists who have not been trained on how to carry out
assessments in diverse cultural contexts, including among Indigenous Peoples, risk
misinterpreting the responses; information received by the Special Rapporteur from several
sources indicates that biases against Indigenous Peoples have resulted in their being wrongly
assessed as persons with psychosocial disabilities. Furthermore, language barriers also cause
disadvantages and lead to incorrect outcomes in current assessment procedures.
58.
The historical and ongoing impacts of colonization, in particular with regard to
residential schools, removal and relocation, have contributed significantly to higher numbers
60
61
62
63
64
12
Submission from the Ministry of Social and Economic Inclusion, the Ministry of Public Health and
the National Council for Disability Equality of Ecuador.
Ruth McCausland, Elizabeth McEntyre and Eileen Bladry, “Indigenous peoples, mental health,
cognitive disability and the criminal justice system”, Brief (Indigenous Justice Clearinghouse, 2017).
American Psychiatric Association, “Stress and trauma toolkit for treating Indigenous People in a
changing social and political environment”, 2024.
See https://www.tewhatuora.govt.nz/publications/ki-te-whaiao/.
Submission from the Assembly of First Nations.
GE.24-12379