A/HRC/57/47 A. Racism and racial discrimination 27. Challenges faced by Indigenous persons with disabilities include discrimination and lack of access to basic services.20 Equality and non-discrimination are essential to the exercise and enjoyment of all human rights and are enshrined in all major human rights instruments, including the United Nations Declaration on the Rights of Indigenous Peoples (art. 2) and the Convention on the Rights of Persons with Disabilities (art. 5). 28. Historical discrimination and extreme poverty contribute to unfavourable conditions for Indigenous persons with disabilities. 21 Non-discrimination is critical, as Indigenous Peoples often encounter differential treatment when seeking health care; racism can lead to misdiagnoses and discourage Indigenous Peoples from seeking health-care and rehabilitation services when it is necessary.22 Institutionalized racism can compound or create unique social and economic inequalities. Indigenous persons with disabilities may avoid interacting with the health-care system to avoid further discrimination.23 For example, in Colombia, structural violence and colonialism has manifested in physical violence against Indigenous Peoples, with Indigenous persons with disabilities suffering disproportionately. 24 In Australia, the Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability noted that “the experiences of First Nations people with disability cannot be separated from the ongoing impacts of colonisation, intergenerational trauma and institutional racism experienced by First Nations people more generally”.25 B. Societal barriers 29. It is important to note that disability is created by societal response, rather than physical or intellectual impairment. Indigenous societies often celebrate the uniqueness of individuals who colonial thinkers would label “disabled” and acknowledge them as respected members of Indigenous communities. In contrast, mainstream health care has long followed the medical model of disability, which takes a “biological essentialist” approach to disability. Since it is clear that the non-Indigenous label of “disability” is foreign to many – if not most – Indigenous societies, policies and research focused on persons with disabilities who are Indigenous must take into account their communities’ worldview on the concept of difference.26 30. The misalignment between State diagnostic tools and Indigenous Peoples’ perspectives not only leads to culturally inappropriate classifications, but also contributes to increased impairment rates among Indigenous Peoples by blocking access to accurate and culturally appropriate services and supports.27 31. In some States, discrimination against Indigenous Peoples with disabilities often manifests in social rejection and exclusion from social programmes altogether. C. Legal and administrative barriers 32. Indigenous persons with disabilities, and notably Indigenous women with disabilities, commonly experience the denial of legal capacity, which leads to further human rights violations, including in the areas of access to justice and institutionalized violence. They are 20 21 22 23 24 25 26 27 GE.24-12379 Submission from Mexico. Ibid. See https://www.who.int/initiatives/global-plan-of-action-for-health-of-indigenouspeoples/frequently-asked-questions-on-the-health-and-rights-of-indigenous-peoples. Submission from Australia. Submission from the Center for Reproductive Rights. First Nations People with Disability, final report, vol. 9, p. 27. Minerva Concepción Rivas Velarde, “The Convention on the Rights of Persons with Disabilities and its implications for the health and wellbeing of Indigenous Peoples with disabilities”, PhD dissertation, University of Sydney, 2014, pp. 37, 47 and 48. Submission from the Assembly of First Nations. 7