A/HRC/33/57
(on access to justice and accountable and inclusive institutions) has clear implications for
indigenous peoples’ right to health, particularly in terms of redress. Finally, Goal 17 (which
includes a target on the availability of disaggregated data) calls for enhanced capacitybuilding to increase data availability, which will assist States in identifying and remedying
health inequities.
16.
The negotiations held at the twenty-first session of the Conference of the Parties to
the United Nations Framework Convention on Climate Change are also relevant, given the
disproportionate impact that climate change has on indigenous peoples. Those negotiations
culminated in the adoption of the Paris Agreement, in the preamble to which the parties to
the Convention recognized the rights of indigenous peoples, referring specifically to the
right to health. The parties also acknowledged that adaptation action should follow a
country-driven, participatory and fully transparent approach, based on and guided by the
knowledge of indigenous peoples, where appropriate (see decision 1/CP.21, annex). While
the importance of the effective participation of indigenous peoples had already been noted
(see decision 1/CP.16), the Paris Agreement went further by explicitly referring to human
rights, signalling that States recognized the links between climate-related obligations, the
right to health and indigenous peoples’ rights.
17.
Finally, the Guiding Principles on Business and Human Rights are also highly
relevant to indigenous peoples, who disproportionately experience health rights
infringements through development-related activities carried out by non-State actors.
Although they are not parties to international human rights conventions, non-State actors
nevertheless have a responsibility to respect human rights, and adherence to the Guiding
Principles is necessary for indigenous peoples’ health rights to be fully realized.
III. Treaty rights, self-determination and health
18.
The right to health is an indispensable element of indigenous peoples’ very existence
and a central component of their right to self-determination. The right to self-determination
is contained both in article 3 of the United Nations Declaration on the Rights of Indigenous
Peoples and article 1 of the International Covenant on Economic, Social and Cultural
Rights. All human rights are interdependent, including the rights to health and selfdetermination. Indeed, full realization of health-related rights cannot be achieved without
self-determination, which is a non-derogable right the realization of which has associated
benefits in respect of health and other social and cultural rights. These can include an
improved diet, more frequent exercise and a renewed connection with traditional economic
bases.4
19.
Some treaties between indigenous peoples and States provide mechanisms for the
realization of indigenous peoples’ rights to health and self-determination. These legal
agreements are thus highly relevant to a right-to-health analysis. Treaty No. 6, for example,
to which the British Crown and indigenous peoples in Canada became parties starting in the
1870s, included a “medicine chest clause” and a “famine and pestilence clause” that have
subsequently been interpreted as guarantees for the provision and delivery of health-care
services, medicines and supplies to indigenous peoples by the Crown. 5 Treaties in other
countries provide for self-determination, which implicitly includes control over decisions
concerning the health and well-being of indigenous peoples, indirectly facilitating the
realization of the right to health. In New Zealand, the right to health of the Maori people is
effectively affirmed in the Treaty of Waitangi, which provides for the protection of self4
5
6
Submission by the New Zealand Human Rights Commission.
Submissions by the Maskwacis Cree and the Assembly of First Nations.