A/HRC/33/57
colonization that permit or enable abuse.40 The health-related impacts of violence against
women include injuries, sexually transmitted infections, gynaecological problems, mental
illness and substance dependence. Violence against women also affects children exposed to
such violence, who experience higher rates of morbidity and mortality.41
64.
These challenges can be overcome in partnership with indigenous peoples. For
example, community maternity wards, maternal houses and waiting homes have reduced
perinatal risk in Guatemala and Peru.42 Involvement and further training of traditional
midwives in modern health-care delivery approaches may reduce maternal morbidity and
mortality, while also improving service acceptability. States should consider opportunities
for South-South cooperation concerning sexual and reproductive health, in particular in
relation to intercultural standards (E/2013/43-E/C.19/2013/25).
65.
In many indigenous communities, birth rates remain significantly higher compared
with the national average, partly reflecting the value indigenous communities place on
motherhood and childbearing. These views can occasionally clash with prevailing beliefs in
mainstream medicine regarding, for instance, birth practices and contraception. The
perceived conflict between the rights of indigenous peoples and the rights of women,
however, is often illusory. The elimination of customary law or practices that violate
women’s rights, such as forced marriage and domestic violence, has long been sought by
many indigenous peoples. Other practices that are traditional or preferred by indigenous
peoples should not be prohibited by States; instead, dialogue on pregnancy spacing,
contraceptive use and parenting should be conducted in a culturally sensitive manner.
66.
States must do more to address gender-based violence. Indigenous women and girls
frequently have no effective legal remedies for such acts. In certain jurisdictions, violence
perpetrated against women by State officials such as police officers and military or
paramilitary forces occurs. In such cases, women experience a two-fold rights violation:
firstly, through the experience of violence and, secondly, through the lack of redress from
the very mechanism that has perpetrated the violence. States must take steps to prevent such
violence and ensure that acceptable mechanisms to provide redress for such violations are
available and accessible to all women.
B.
Health of indigenous persons with disabilities
67.
Indigenous persons experience higher rates of disability globally compared to the
general population. Barriers such as multiple forms of discrimination, poverty, systemic
and physical barriers and violence contribute to the lack of full enjoyment of their human
rights. The Convention on the Rights of Persons with Disabilities recognizes the right to
health (art. 25) and the difficult conditions faced by persons with disabilities who are
subject to multiple or aggravated forms of discrimination, including indigenous persons
with disabilities (preamble).
68.
Indigenous children with disabilities face physical, systemic and attitudinal barriers
that impede the realization of their rights to education, accessible services and disabilityrelated rehabilitation programmes. Too often, indigenous children with disabilities face
40
41
42
Ellen Gabriel, presentation to the Expert Seminar on Indigenous Peoples and the Right to Health.
World Health Organization, “Violence against women: intimate partner and sexual violence against
women”, factsheet No. 239 (January 2016). Available from:
www.who.int/mediacentre/factsheets/fs239/en/.
United Nations Population Fund and the Spanish Agency for International Development Cooperation,
“Promoting equality, recognizing diversity: case stories in intercultural sexual and reproductive health
among indigenous peoples” (Panama, August, 2010).
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