A/HRC/57/47
These rights include the rights to self-determination, land, territories and resources,
consultation and free prior and informed consent.
9.
While the Convention on the Rights of Persons with Disabilities does not contain a
stand-alone article on Indigenous Peoples, its preamble, in which the general terms, purposes
and considerations of the Convention are defined, contains recognition of the conditions
faced by persons with disabilities who are subject to multiple or aggravated forms of
discrimination on the basis of race, colour, sex, language, religion, political opinion, national,
ethnic, Indigenous or social origin, property, birth, age or other status. 4
10.
The Committee on the Elimination of Discrimination against Women addressed the
rights of Indigenous women with disabilities in its general recommendation No. 39 (2022)
on the rights of Indigenous women and girls, identifying different forms of intersectional
discrimination faced by Indigenous women and girls, including disability. In that general
recommendation, the Committee emphasized their key role as leaders, knowledge-bearers
and transmitters of culture among their peoples, communities and families, as well as society
as a whole. In addition, it highlighted States’ obligations to respect their rights to effective
participation in political and public life, and their rights to lands, territories and resources
(paras. 2, 43 and 56).
11.
Article 2 of the Convention on the Rights of the Child provides that the rights set forth
in the Convention apply regardless of disability or any other status. Article 23 of that
Convention sets out the rights of children with disabilities, emphasizing, inter alia, the need
to ensure access to and receive education, training, health-care services, rehabilitation
services, preparation for employment and recreation opportunities in a manner conducive to
their cultural and spiritual development. These rights should be interpreted and implemented
in the light of Committee on the Rights of the Child general comment No. 11 (2009) on
Indigenous children and their rights under the Convention.
Background
III.
12.
Under the social model and the human rights model of disability, disability is a social
construct. It is the interaction between barriers and impairment within society, rather than
personal impairments, that excludes persons with disabilities. A human rights-based
approach to disability emphasizes the empowerment, inclusion and full participation of
persons with disabilities in society, guided by the principles of dignity, autonomy and
non-discrimination.
13.
However, Indigenous persons with disabilities often experience intersectional
discrimination and marginalization. Aggravated societal, attitudinal and environmental
barriers hinder the full and effective participation of Indigenous persons with disabilities in
society on an equal basis with others. Therefore, the Special Rapporteur considers it
important to understand the reasons for the high numbers of persons with disabilities among
Indigenous Peoples. In addition, during his consultations with Indigenous Peoples, the
Special Rapporteur was requested to address in his report the root causes of the
disproportionately high numbers of persons with disabilities among Indigenous Peoples.
14.
The high numbers of persons with disabilities among Indigenous Peoples cannot be
fully understood without considering the historical and ongoing impacts of colonization and
structural racial discrimination. Colonization has disrupted Indigenous ways of life, leading
to social, economic and health disparities that disproportionately affect Indigenous Peoples.
These disparities have been compounded by structural racial discrimination, which manifests
in various forms such as limited access to health care, education and employment
opportunities and the disproportional contamination of Indigenous territories.
15.
Colonization has resulted in the dispossession of land, forced assimilation, the
suppression of Indigenous knowledge and the weakening of Indigenous self-government
4
4
International Disability Alliance, Indigenous Peoples with Disabilities Global Network and Endorois
Indigenous Women Empowerment Network, The Impact of Climate Change on Indigenous Peoples
with Disabilities in Baringo County, Kenya, p. 14.
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