A/HRC/27/65
trauma of indigenous peoples has occurred, such as through the imposition of residential
school systems (E/C.19/2013/6, pp. 6 and 11–12).
61.
The sexual health and reproductive rights of indigenous persons with disabilities,
particularly women, are frequently violated through sexual violence, forced contraception
and sexual and reproductive stigma.44 This can be compounded for indigenous persons with
disabilities who are also LGBT (lesbian, gay, bisexual and transgender) persons, suffering
discrimination because of their sexual orientation or gender identity, and thus experiencing
compounded discrimination and isolation.45
2.
Remedies
62.
The United Nations Declaration on the Rights of Indigenous Peoples specifically
provides that the rights and special needs of indigenous persons with disabilities should be
promoted through measures aimed at improving their economic and social conditions and
the implementation of the Declaration, including justice-related articles (articles 21 and 22,
respectively). The Convention on the Rights of Persons with Disabilities provides a general
framework for promoting the rights of persons with disabilities, including accommodations
to ensure non-discrimination and equality in relation to access to justice (article 13 (1)) and
training for justice administrators (article 13 (2)). Preambular paragraph (p) expresses a
concern regarding indigenous persons with disabilities.
63.
Education on a number of levels would help increase access to justice for indigenous
persons with disabilities – including education on disabilities for the general public and
those involved in the administration of criminal justice, as well as education on human
rights for persons with disabilities, the general public and those involved in the criminal
justice system.46
64.
If greater support were available to families of persons with disabilities – who are
often the primary caregivers – this would assist in reducing intrafamily violence. Often,
family members are untrained and lack the capacity, support and funding necessary to fulfil
the role of caregiver.47
65.
Increased access to legal counsel could lead to improvements, for example, where
appropriate free legal aid is needed, but not offered, or where available counsel is not
appropriately trained to address the legal and other needs of indigenous clients with
disabilities. Moreover, indigenous persons with disabilities may face transportation-related
barriers to obtaining legal or related services due to a lack of accessible transportation.
66.
Involving persons with disabilities by providing them a role in criminal justice
systems would empower and protect them to a greater degree. Particular measures should
be taken to expand judicial support and protection of indigenous persons with disabilities,
to decrease their vulnerability.
44
45
46
47
UNFPA Pacific Sub-Regional Office, op. cit. (see footnote 46 above), p. 42.
Ibid.
Expert Seminar: Ipul Powaseu; E/C.19/2013/6, p. 9.
UNFPA Pacific Sub-Regional Office, op. cit. (see footnote 46 above), p. 41.
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