A/HRC/24/50 helping participants understand and value their Maori culture, as well as understanding how it influences themselves, their families and their communities. 70. The Expert Mechanism also received information on the importance of including indigenous youth, who may experience systemic violence without understanding historical and policy-related causes, in truth-seeking processes. Such engagement can help youth to participate in broader processes of seeking justice. This can validate the experiences of elders who have survived historical injustices and abuse.85 C. Indigenous persons with disabilities 1. Barriers 71. Indigenous persons with disabilities experience multiple forms of discrimination based on their indigenous status and also on disability, and often face barriers to the full enjoyment of their rights. 72. Indigenous persons with disabilities face considerable obstacles, such as physical inaccessibility to domestic or traditional courts. In relation to family law, indigenous parents with disabilities may face a heightened risk of having their children apprehended.86 73. While data is scarce, that available suggests that indigenous persons with disabilities also experience disproportionately high rates of incarceration.87 Concerns exist regarding their treatment in prisons where, among other challenges, 88 there may be no access to necessary services, including psychological and psychiatric assistance.89 74. Disproportionate representation of indigenous persons with mental health disabilities in detention raises concerns that indigenous persons with mental illness or intellectual or cognitive disabilities are not receiving needed attention. This implicates other human rights, including access to adequate health services, housing and care and support services. It also points to the need for increased training and awareness on mental health disabilities, including foetal alcohol spectrum disorder, by justice system officials. 90 2. Remedies 75. The Declaration calls for specific attention to the rights and special needs of indigenous persons with disabilities (arts. 21 and 22). The situation of persons with disabilities who are subject to multiple forms of discrimination is addressed by the Convention on the Rights of Persons with Disabilities, which establishes that States parties are to ensure effective access to justice for persons with disabilities on an equal basis with others (art. 13). 85 86 87 88 89 90 Seminar on access to justice: International Centre for Transitional Justice. For additional information, see Women Enabled, letter to the Committee on the Elimination of Discrimination against Women dated 1 February 2013. Available from www.womenenabled.org/pdfs/Feb2013_CEDAW.pdf. Submission: National Aboriginal and Torres Strait Islander Legal Services, citing Edward Heffernan et al., “Prevalence of mental illness among Aboriginal and Torres Strait Islander people in Queensland prisons” (2012). United Nations Office on Drugs and Crime, Handbook on Prisoners with Special Needs, pp. 43 ff (2009). See, for example, European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment, report on its visit to Greenland (CPT/Inf (2013) 3), p. 9. Submission: National Aboriginal and Torres Strait Islander Legal Services. 17

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