A/HRC/48/74 47. Indigenous children and youth are often overrepresented in detention centres. This can be due to a lack of alternatives; for example a lack of non-custodial programmes for girls in remote areas may lead to disproportionate incarceration rates of indigenous girls. 33 The Committee on the Rights of the Child has expressed concern regarding disproportionate rates of incarceration of indigenous children and reiterated that the arrest and detention of children should be a last resort.34 48. While Aboriginal and Torres Strait Islanders make up only 3 per cent of the population of Australia, their children and youth represent 50 per cent of those in detention and are more than 20 times more likely to find themselves in custody than their non-indigenous counterparts. 35 Indigenous children in detention have often been impacted by domestic violence or suffer from mental health challenges. Reports on indigenous children in the Australian child justice system include the use of solitary confinement and the detention of children with disabilities, including cognitive impairments. Indigenous children have reported being harassed, followed and stopped by police officers. That is supported by research regarding the New South Wales suspect target management programme, which reportedly targets children as young as 10, disproportionately Aboriginal, who are deemed to be at risk of offending.36 49. There are programmes that are aimed at improving the experience of indigenous children in the Australian child justice system, including the Koori court programme which creates transition plans for children once they leave detention. Other efforts involving and being led by indigenous communities are based on restorative justice and circle sentencing. The Rangatahi courts in New Zealand have helped Maori youth connect and engage more actively with their community and cultural identity. Traditional restorative justice practices, such as circle sentencing and focus on mutual forgiveness, have been reintroduced in parts of Canada and the United States, the former having incorporated them into its youth criminal justice system. H. Economic, social and cultural rights 50. Indigenous children face marginalization and multiple disparities in the enjoyment of their economic, social and cultural rights, frequently due to structural discrimination and colonial legacies. They more often live in poverty than non-indigenous children, leaving them more vulnerable to involvement with care and justice systems. They also experience disproportionate rates of preventable childhood diseases. 51. These disparities occur in rich and lesser developed countries. Maori children experience higher poverty rates and more food insecurity than non-indigenous children in New Zealand. While poverty is widely experienced by children in Latin America, it is more common for indigenous children, particularly those in rural areas. Despite efforts made by the State, corruption by service providers is a barrier to accessing water, school meals and health services aimed at benefiting Wayuu children in the department of Guajira, Colombia. In the Guajira, access to water is limited, childhood malnutrition rates are high and COVID19 containment measures have decreased the ability of the population to access food and medical attention.37 52. In her report of 2019, the Special Rapporteur on adequate housing as a component of the right to an adequate standard of living, and on the right to non-discrimination in this context found that even in rich countries, indigenous peoples often live in abhorrent conditions in grossly inadequate housing lacking even basic amenities such as water and 33 34 35 36 37 10 Submission by the Office of the Special Representative of the Secretary-General on Violence Against Children. General comment No. 11, paras. 74–75. See also Committee on the Rights of the Child, general comment No. 24 (2019). Submissions by the Queensland Human Rights Commission and Human Rights Watch. Wiyi Yani U Thangani (Women’s Voices), Securing Our Rights, Securing Our Future, p. 193. Submission by Human Rights Watch.

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