A/HRC/48/74
Annex
Advice No. 14 on the rights of the indigenous child under the
United Nations Declaration on the Rights of Indigenous
Peoples
1.
States should increase and ensure the enjoyment by indigenous children of their
individual and collective rights, including by ratifying the Convention on the Rights of the
Child and its optional protocols, the Indigenous and Tribal Peoples Convention, 1989 (No.
169) and other key human rights treaties, and signing the United Nations Declaration on the
Rights of Indigenous Peoples. States should incorporate those instruments into national law
including through national implementation plans, with the participation of, and in
consultation with, indigenous peoples, including children.
2.
States and indigenous peoples should ensure the meaningful participation and
consultation of indigenous children in decision-making processes and use the Declaration
and the best interests of the child as a framework for all decisions that may impact them.
3.
Indigenous peoples, with the support of States, should invest in the leadership of
women and girls in indigenous communities, particularly in decision-making structures.
4.
States should ratify and implement the Paris Agreement on Climate Change, including
through concrete actions to mitigate the effects of climate change, with the aim of fostering
the highest attainable standard of health for indigenous children and their right to a healthy
environment.
5.
States and indigenous peoples should make all efforts to protect the medicinal plants,
animals and minerals necessary for the health of indigenous peoples and protect their
traditional territories to ensure both present and future enjoyment of the rights of indigenous
children, including through their symbiotic relationship with their lands, territories and
resources.
6.
States should take measures to ensure free and equitable access to social services for
all indigenous children, paying particular attention to the rights and special needs of girls,
lesbian, gay, bisexual, transgender, intersex and two-spirit children, children with disabilities
and those in remote or nomadic settlements and urban settings, and take measures to address
discrimination against them, including through public information campaigns.
7.
States should take measures to improve birth registration processes and remove
registration as a precondition for accessing health-care services.
8.
States should take measures to support indigenous families, including urban and
homeless indigenous children, ensuring minimum standards, such as heating, electricity,
water and sanitation, are met.
9.
States should support and provide, to the best of their ability, indigenous and
community-led childcare systems.
10.
States should take concrete measures to reduce the overrepresentation of indigenous
children in alternative care and justice systems, and provide training on the rights and cultures
of indigenous children for relevant actors, including law enforcement and prison officials,
judges and social workers. They should also provide adequate support, including
psychosocial support, for those who have been removed from their communities and/or are
in State institutions.
11.
States should ensure the meaningful participation and consultation of indigenous
peoples, including children, in all child welfare and adoption systems, with the aim of
establishing indigenous-led child welfare systems for indigenous children.
12.
States should take steps to redress intergenerational trauma and the impact of
removing children from their communities, and take immediate measures to reduce and aim
to eradicate the removal of indigenous children from their families and communities, and to
reunite all families separated by migration.
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