A/HRC/57/47 routinely denied their right to a legal remedy. As a result, many cases of discrimination and gender-based violence against Indigenous women and girls end in impunity. 28 33. The Committee on the Elimination of Discrimination against Women has urged States to ensure the recognition of the legal capacity of Indigenous women with disabilities and support mechanisms for the exercise of their legal capacity. Indigenous persons with disabilities frequently face barriers with regard to the physical accessibility of buildings that house law enforcement agencies and the judiciary, and to the accessibility of critical information, transportation, communications and procedures. 29 34. In non-Indigenous justice systems, Indigenous persons with disabilities frequently face systemic racial discrimination and often have to participate in procedures that are not culturally or linguistically appropriate and do not take into account Indigenous practices. Other obstacles to access to justice include the remoteness of Indigenous territories, which force Indigenous Peoples to travel long distances to file complaints, which is more challenging for Indigenous persons with disabilities. 30 D. Cultural and language barriers 35. Colonization has contributed to imposing dominant narratives on disability, narrowly focusing on individual impairment. In contrast, Indigenous knowledge systems often emphasize community, interdependence and holistic well-being, differing significantly from the individualistic and medicalized approaches prevalent in mainstream society. Persons with disabilities are viewed by many Indigenous Peoples as a part of the natural variation, and it has been important to give each individual a functional role in society. 36. The lack of inclusion of Indigenous knowledge in State welfare systems, coupled with the lack of recognition and promotion of Indigenous health-care systems, exacerbates the challenges faced by Indigenous persons with disabilities. Even in countries that have robust disability support services, Indigenous persons with disabilities often find it difficult to access culturally appropriate disability support services. Standardized services are tailored to the needs of the majority, leaving Indigenous persons with disabilities without access to effective services. For example, the Accessible Canada Act does not recognize the need for culturally competent disability support services for First Nations in Canada. This has left a gap in an otherwise robust network of disability support services where Indigenous persons with disabilities are misdiagnosed and cannot access health care, and where the intergenerational trauma of colonization cannot be addressed.31 37. For Indigenous persons with disabilities who are deaf or hard of hearing, additional barriers arise from a lack of appropriate interpreting services. For example, in New Zealand, Māori who are deaf or hard of hearing do not have access to interpreters who are fluent in English, Māori and sign language.32 This is also the case in many other States. 38. Attempts to extend health-care delivery to Indigenous Peoples with disabilities are often rendered less effective than intended because the services offered are not culturally appropriate. Western biomedical understanding is nearly always prioritized over Indigenous healing practices and medicine, creating a disconnect between those who seek to provide health care and those who are supposed to receive it. 33 Mainstream health care fails to recognize that Indigenous cultures typically do not discriminate against persons with impairments; the focus of many Indigenous Peoples is on the unique gifts that each individual 28 29 30 31 32 33 8 Committee on the Elimination of Discrimination against Women, general recommendation No. 39 (2022) on the rights of Indigenous women and girls, paras. 21 and 29. Ibid., paras. 23 (d) and 29. Ibid., para. 30. David Pratt, Co-Chair of the Assembly of First Nations Heath Committee, statement made on 2 May 2024 during the online consultation with the Special Rapporteur. Submission from the World Federation of the Deaf. Matthews, “The cultural erosion of Indigenous people in health care”. GE.24-12379