A/HRC/27/65
peoples to ensure that indigenous women and children are protected against all forms of
violence and discrimination.
32.
Indigenous women, children and youth and persons with disabilities face
discrimination on multiple grounds, which often puts them in a particularly disadvantaged
situation. There is a need to pay particular attention to the situation of these specific groups,
who face cumulative discrimination.23
33.
Access to justice, in addition to being a right in itself, is also of paramount relevance
as a means to obtain remedies. Barriers to this right and related remedies exist for
indigenous women, children and youth and persons with disabilities, who face challenges
including discrimination in the criminal justice system and overrepresentation among the
incarcerated population.
34.
The situation of indigenous women, children and youth, and persons with
disabilities with regards to access to justice must also be viewed from a holistic perspective,
as access to justice is inextricably linked to other human rights challenges that indigenous
peoples face, including poverty, lack of access to health and education and lack of
recognition of their rights related to lands, territories and resources.
B.
Indigenous women
1.
Barriers
35.
Numerous barriers exist for indigenous women in accessing justice on an equal basis
to others. These barriers exist within society (particularly related to high levels of violence,
discrimination and marginalization), within State criminal justice systems and within
indigenous juridical systems.
36.
Indigenous women are disproportionately at risk of experiencing all forms of
violence, compounded by multiple forms of discrimination based on race, gender and other
forms of identity, including disability and sexual orientation. Forms of violence facing
indigenous women include physical, emotional and sexual violence against women and
girls (usually perpetrated by men) through interpersonal relationships (domestic or family
violence), leading to high levels of assault and murder. Sexual violence is a serious issue of
concern. For example, indigenous women in Papua New Guinea still endure forced
marriage, exchange of a bride price and polygamy. In North America as well as many other
regions of the world, indigenous women and girls are at high risk of being murdered or
being sexually exploited in the sex trade. Trafficking of indigenous women and girls is also
a serious human rights concern. Violence has a negative impact on the sexual and
reproductive health and rights of indigenous women, including the right to decide the
number and spacing of one’s children, the right to sexual health information, the right to
access reproductive health products and services and the right to access culturally sensitive
health services and products, including traditional medicines and trauma-informed healing
services (E/C.19/2012/6, pp. 5–6). All of these forms of marginalization play a part in
limiting indigenous women’s access to justice.
37.
Remote or rural location is a further barrier to justice experienced by indigenous
women. Discriminatory practices related to land ownership also impact indigenous
women’s access to justice. Some customary laws do not permit women to inherit property
nor do they allow women to hold leadership positions within indigenous justice institutions.
23
10
Committee on Economic, Social and Cultural Rights, General Comment No. 20, para. 17.