A/HRC/24/50
appointed to the judiciary 76 and has called for gender-sensitization training of justice
officers. 77 The Committee has further noted that laws or customs that limit a woman’s
access to legal advice or ability to seek remedy before courts, or accord lesser value to a
78
female testimony, violate the right to equality before the law.
B.
Indigenous children and youth
1.
Barriers
66.
While little systematic data exists regarding indigenous youth, existing statistics
point to their overrepresentation throughout the justice system.79 In its general comment
No. 11 (2009), the Committee on the Rights of the Child noted with concern such
disproportionately high rates of incarceration, observing that, in some instances, these may
be attributed to systematic discrimination within the justice system and society (para. 74).
67.
Indigenous youth may be more likely to be detained as a result of laws with
discriminatory effect, such as curfew breaching and “move on” laws, which
disproportionately affect indigenous youth who make greater use of public space as a
cultural space and for congregation and socialization due to lower levels of property
ownership.80 Once in custody, indigenous youth may be less likely to benefit from noncustodial sentencing options or restorative justice measures, and more likely to receive the
most punitive measures 81 and to be subjected to the harshest treatments, such as being
placed in secure confinement.82
2.
Remedies
68.
The Committee on the Rights of the Child has called upon States to both take
measures to address juvenile crimes without resorting to judicial proceedings wherever
possible and also to support traditional restorative justice systems to the extent they
promote the best interests of the child. 83 The Committee has also called on States to
develop juvenile justice systems in consultation with indigenous peoples and has further
identified the need for access to culturally appropriate services in juvenile justice.84
69.
Some appropriate measures are under way. For example, the Expert Mechanism
received information about the Marae-based court system (New Zealand) described above.
For youth in detention, Maori Focus Units aim to reduce the risk of re-offending in part by
76
77
78
79
80
81
82
83
84
16
Committee on the Elimination of Discrimination against Women, general recommendation No. 23.
Committee on the Elimination of Discrimination against Women, general recommendation No. 19
(1992), para. 24 (b).
Committee on the Elimination of Discrimination against Women, general recommendation No. 21
(1994), para. 8.
See United Nations Permanent Forum on Indigenous Issues, concept note presented at the
international expert group meeting on indigenous children and youth in detention, custody, adoption
and foster care (2009), p. 3. Available from
http://social.un.org/index/IndigenousPeoples/MeetingsandWorkshops/EGM2010IndigenousChildrena
ndYouth.aspx.
Submission: National Aboriginal and Torres Strait Islander Legal Services.
See Christopher Hartney, “Native American youth and the juvenile justice system”, Views from the
National Council on Crime and Delinquency (2008).
See, for example, Terry L. Cross, “Native Americans and juvenile justice: a hidden tragedy”, Poverty
& Race, vol. 17, No. 6 (November/December 2008).
Committee on the Rights of the Child, general comment No. 11, paras. 74–75.
Ibid., para. 75.