A/HRC/48/74
indigenous communities, or no access at all, which has meant many indigenous children have
had no schooling since the start of the pandemic. Indigenous children with disabilities have
faced even greater barriers, with difficulties in obtaining accessible formats, particularly in
their own languages.56
71.
Indigenous students and teachers report challenges related to Internet access or not
having a computer at home, as is the case for Amazigh children. Indigenous homes often
include extended families, with children having to share a computer or not having a quiet
place to learn during the pandemic. Some indigenous children have been doing their
schoolwork by mobile phone, often travelling to get a signal. Children from Pueblo de Jemez,
New Mexico, learn in the unwritten Towa language so have not been able to carry out written
assignments remotely. Some indigenous students in Alaska received assignments but they
were in English instead of their Yup’ik language. In New Zealand, television programmes,
supported by the Ministry of Education, have offered educational programming in the Maori
language during the pandemic.
J.
Right to health
72.
The right to health is recognized in article 24 of the Convention on the Rights of the
Child and the right to health, including the determinants of the right to health, are reflected
throughout the Declaration on the Rights of Indigenous Peoples. Article 24 of the Declaration
includes the right to traditional medicines and health practices, including the conservation of
medicinal plants, animals and minerals. It also reflects the highest attainable standard of
mental and physical health, as provided for in article 12 of the International Covenant on
Economic, Social and Cultural Rights, including the critical principles of non-discrimination
and equal treatment. Health is also referred to in article 21 of the Declaration, regarding the
right to improvement in economic and social conditions for indigenous peoples, and in article
23, regarding the right to be involved in developing and determining economic and social
programmes, including health programmes. The rights of indigenous peoples to health are
also guaranteed in article 25 of the Indigenous and Tribal Peoples Convention (No. 169) and
article XVII of the American Declaration on the Rights of Indigenous Peoples.
73.
In its general comment No. 14 (2000), the Committee on Economic, Social and
Cultural Rights referred to the rights of indigenous peoples to specific measures to improve
access to culturally appropriate health care that takes traditional practices and medicines into
account. The Committee also recognized the collective dimension of the health of indigenous
peoples, noting that an individual’s health is often linked to the health of the community as a
whole. The Committee on the Rights of the Child has clarified that children’s right to health
includes their right to grow, develop to their full potential and live in conditions enabling
them to attain the highest standard of health.57
74.
Indigenous peoples, including children, often have unequal access to health care,
including in Africa, Latin America and the Arctic. Poverty has an impact on health. That link
has been made in New Zealand, where Maori children, who are more likely to live in poverty,
also experience more health issues, are less likely to access health care and twice as likely to
die from treatable conditions than non-indigenous children.58
75.
Unequal access is particularly stark in remote areas, including for Inuit children in
smaller settlements in Greenland, who often do not have access to a doctor or dentist.
Consequently, health professionals have encountered children with symptoms of sexual
abuse long after the event and evidence is lost, leaving accountability and recovery even less
likely.
76.
Lack of access to health care has a disproportionate impact on indigenous girls, with
little access to sexual and reproductive health services, including contraception. Indigenous
women often do not access prenatal care and give birth at home. In Africa, indigenous babies
56
57
58
14
Submission to the fourteenth session of the Expert Mechanism by the Global Network of Indigenous
Peoples with Disabilities and International Disability Alliance.
General comment No. 15 (2013), para. 2.
Submission by Aotearoa New Zealand Centre for Indigenous Peoples and the Law.