A/HRC/42/37 Judicial review: balancing rights to self-determination and other human rights 79. Domestic and international legal instruments provide that the right of indigenous peoples to apply their customary justice practices are subject to the limitation that they respect human rights. The Committee on the Elimination of Discrimination against Women and the Human Rights Committee stipulate the availability of judicial review by a State court as a safeguard against violations of human rights.45 80. A dynamic and intercultural interpretation of human rights in the context of nondiscrimination against indigenous peoples would be an important element for State judicial authorities reviewing indigenous justice processes (A/HRC/15/37/Add.7, para. 15). Stronger links between State and indigenous laws and institutions, based on mutual respect and understanding, or even integrated review or appeal bodies with equal representation of indigenous and non-indigenous judges, could contribute to ensuring respect for human rights in both indigenous and State legal systems. 81. The Constitutional Court of Colombia has held that when reviewing the constitutionality of a decision by indigenous justice mechanisms, fundamental human rights must be observed by indigenous authorities, including the rights to life, personal integrity, freedom from torture and slavery and the right to due process. In case of conflict between the jurisdictional rights of indigenous peoples and the rights and interests of individuals, the Court decided that the restriction of indigenous autonomy would only be constitutionally valid if there were reasoned and well-founded arguments that the impact on individual rights in indigenous justice processes would be particularly grave. The Court presented an approach whereby internal dialogue within a community could be fostered to resolve conflicts within the framework of their cultural world view and avoid imposing decisions from outside the community’s customary law. F. Towards harmonization between ordinary and indigenous justice systems 82. Under the United Nations Declaration on the Rights of Indigenous Peoples, States have the responsibility to recognize and strengthen the distinct legal institutions of indigenous peoples (art. 5). At the same time, there is a requirement that indigenous justice systems will themselves act consistently with international human rights norms (art. 34). State and indigenous authorities have to work together to achieve these ends in a harmonious way. How they can most effectively do so and what can be done when one or the other side does not engage remains to be addressed in most countries. 83. The Special Rapporteur, on the basis of her country visits and research, is convinced that indigenous and non-indigenous justice systems should be seen as complementary and necessary to guarantee effective and equal access to justice for indigenous peoples. 84. In its general recommendation No. 33, the Committee on the Elimination of Discrimination against Women recommended constructive dialogue and formalized links between plural justice systems, including through the adoption of procedures for sharing information between them. The Committee on the Rights of the Child has encouraged support for the traditional restorative justice systems of indigenous peoples, as long as they are in accordance with the rights set out in the Convention, and has called on States to provide adequate resources to juvenile justice systems, including those developed and implemented by indigenous peoples.46 State engagement and collaboration 85. A key starting point for any engagement with indigenous justice is thorough research and consultation with indigenous leaders and communities in order to better 45 46 See, for example, Committee on the Elimination of Discrimination against Women, general recommendation No. 33 (2015) on women’s access to justice, para. 64. See Committee on the Rights of the Child, general comment No. 11 (2009) on indigenous children and their rights under the Convention, para. 75. 15