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.

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