A/HRC/27/65 6. In States in which legal pluralism is recognized, the jurisdiction of indigenous juridical systems should be adequately clarified, recognizing that indigenous justice systems are highly diverse and context-specific. State justice systems should demonstrate respect for customary laws (which can be a means to increasing access to justice) and customary laws should respect international human rights norms. 7. States have an obligation to protect and support the work of indigenous human rights defenders in the promotion of access to justice for indigenous peoples, in accordance with Human Rights Council resolution 22/6. 8. States should adopt a holistic approach to access to justice for indigenous women, children and youth, and persons with disabilities, and take measures to address the root causes of multiple forms of discrimination facing these groups, including systemic biased use of discretionary powers, poverty, marginalization and violence against indigenous women. 9. States should make greater effort to disaggregate data regarding their criminal justice systems so that a clearer picture of indigenous women, children and youth, and persons with disabilities currently in detention can emerge. Such data would permit the improved development and implementation of policies to better address the situation of indigenous women, children and youth, and persons with disabilities deprived of their liberty. 10. States should ensure that indigenous women, children and youth, and persons with disabilities have access to an interpreter where required, in all legal and administrative proceedings. In the case of indigenous persons with disabilities, States should take measures to ensure all forms of accessibility. 11. States should work with indigenous peoples to develop alternatives for indigenous children in conflict with the law, including the design and implementation of culturally appropriate juvenile justice services and the use of restorative justice approaches. Arrest, detention or imprisonment should only be used as a measure of last resort. 12. Together with indigenous peoples, States should promote human rights education and training among indigenous women, children and youth, and persons with disabilities as a means for empowerment. Furthermore, links between indigenous and State legal institutions can benefit from dialogue on rights based notions of equality, centring on awareness of the rights of indigenous women and persons with disabilities. This can lead to improved gender balance and participation of indigenous persons with disabilities in juridical systems and indigenous peoples’ juridical systems. 13. States should work in partnership with indigenous peoples so as to ensure harmonious and cooperative relations in the implementation of the Declaration’s provisions regarding access to justice. 14. There cannot be a rule of law without access. States have an obligation to ensure access to justice so that the right of indigenous peoples to effective remedies is fully realized. 15. States have a duty to protect against corporate violations of the human rights of indigenous peoples, especially in view of their vulnerability. Particular attention is required for indigenous women, children and youth, and persons with disabilities. 16. States should take measures to increase appointments of indigenous women to the judiciary. It is also important to promote a greater representation of indigenous women in international legal systems, such as the human rights treaty bodies. 22

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