A/HRC/24/50 VII. Access to justice for specific groups A. Women 1. Barriers 62. Multiple discrimination, structural violence and poverty are among the root causes of indigenous women’s lack of access to justice. Indigenous women are disproportionately represented in the criminal justice system and, in some cases, the numbers are growing. In Canada, for example, in 2010/11, Aboriginal women accounted for over 31.9 per cent of all federally incarcerated women, representing an increase of 85.7 per cent over the previous decade.69 Reference can be made to the recently published report Breaking the Silence on Violence against Indigenous Girls, Adolescents and Young Women produced by the United Nations Children’s Fund (UNICEF), the United Nations Population Fund (UNFPA), the ILO, UN-Women and the Special Representative of the Secretary-General on Violence against Children. 63. In many regions, indigenous women face significant barriers to criminal justice at all stages. They can experience a higher incidence of violence, including sexual violence, and an increased risk of violations to their sexual and reproductive health and rights, including an increased risk of HIV/AIDS in prisons. The ability of indigenous justice systems to address violence experienced by indigenous women is sometimes limited by State-imposed jurisdictional restrictions. In some cases, there may also be a need for tribal justice systems to strengthen their willingness and ability to protect indigenous women and girls from violence.70 Moreover, in some instances, traditional justice systems are male dominated,71 and may not adequately address indigenous women’s access to resources. 64. Where traditional justice systems are unable to address violence against indigenous women, they must turn to the national justice system. However, in some instances, allegations of police abuse, including excessive use of force and physical and sexual assault, exist, 72 leaving indigenous women in a precarious situation with few options in terms of reporting abuse. For those living in remote regions, law enforcement may not be on hand to respond to reports or to conduct a prompt investigation, and women may not have access to forensic examinations often used to gather physical evidence of sexual violence. 2. Remedies 65. International human rights law requires that States take all measures to ensure equality before the law. 73 States are also to ensure women’s equal right to conclude contracts and administer property.74 The Committee on the Elimination of Discrimination against Women has noted with concern the lack of women, including indigenous women,75 69 70 71 72 73 74 75 Office of the Correctional Investigator of Canada, “Spirit matters” (footnote 43), para. 17. Report on the international expert group meeting on combating violence against indigenous women and girls (E/C.19/2012/6), para. 35. See, for example, the submission of the Asia Indigenous Peoples Pact. See, for example, Human Rights Watch, “Those who take us away: abusive policing and failures in protection of indigenous women and girls in northern British Columbia, Canada” (2013). Convention on the Elimination of All Forms of Discrimination against Women, art. 15. Ibid. See Committee on the Elimination of Discrimination against Women, communication No. 19/2008, views adopted on 28 February 2012. 15