A/HRC/27/65 Committee stressed the need for positive measures to eliminate conditions that lead to discrimination, such as access to culturally appropriate juvenile justice services.32 51. Article 40 (3) of the Convention on the Rights of the Child requires States to undertake measures to deal with children alleged as, accused of or recognized as having infringed penal law without resorting to judicial proceedings, whenever appropriate. Furthermore, the Committee has repeatedly pointed out that “the arrest, detention or imprisonment of a child may be used only as a measure of last resort”.33 In the case of indigenous children, traditional restorative justice systems consistent with international law could be used to address cases involving children and youth. The Committee also recommends the development of community-based programmes and services that consider the needs and cultures of indigenous children, their families and communities.34 In Australia, for example, the Indigenous Justice Program funds programmes that focus on case management and diversionary activities for children and youth.35 52. States should design and implement programmes to train law enforcement and judicial personnel, as well as other relevant civil servants, on indigenous children’s rights, special protection measures for indigenous children and youth, and culturally sensitive approaches.36 It is also crucial that the law enforcement and judicial workforce is trauma informed, and able to deal sensitively with issues including violence and sexual abuse.37 53. Another principle that must be respected at all times is that of respect for the views of the child. Article 12 of the Convention on the Rights of the Child upholds the right of children to be heard in judicial and administrative proceedings that affect them. In the case of indigenous children, measures to fulfil the right to be heard in judicial or criminal proceedings include providing an interpreter free of charge and guaranteeing legal assistance in a culturally sensitive manner.38 In Guatemala, the judiciary established the Centre for Indigenous Translation and Interpretation with the purpose of facilitating access to justice for indigenous peoples, and, in particular, indigenous women and children. The centre has legal translators and interpreters, with national coverage and expertise in the 22 Mayan languages spoken in the country.39 54. As highlighted above, it is crucial to adopt a holistic approach when addressing access to justice for indigenous children. One area that deserves particular attention is education. Quality education can play an enabling role for the exercise of human rights, benefitting both individual children and their communities. More specifically, human rights education for indigenous children and youth should be pursued as a means to empower them as individuals and to achieve the self-determination of their communities. D. Indigenous persons with disabilities 1. Barriers 55. Indigenous persons with disabilities face numerous and compounded barriers in accessing justice. These barriers exist within society (particularly related to violence, 32 33 34 35 36 37 38 39 Ibid., para. 25. Ibid., para. 74. Ibid., para. 75. Submission: Australia. Committee on the Rights of the Child, General Comment No. 11, paras. 33 and 77. Expert Seminar: Hannah McGlade. Committee on the Rights of the Child, General Comment No. 11, para. 76. Submission: Guatemala. 13