A/HRC/21/47
Linked to this is the question of the ways in which international human rights standards do
or should protect indigenous women differently from non-indigenous women.
B.
Holistic approach to combating violence against indigenous women and
girls
26.
A point of departure in answering these questions can be found in the approach
articulated by the Special Rapporteur on violence against women, its causes and
consequences, Rashida Manjoo, in her report to the General Assembly in 2011 (A/66/215).
Albeit referring to violence against women in general terms, she emphasized that
combating violence against women required a holistic approach, i.e. one that involved
treating rights as universal, interdependent and indivisible; situating violence on a
continuum that spanned interpersonal and structural violence; accounting for both
individual and structural discrimination, including structural and institutional inequalities;
and analysing social and/or economic hierarchies among women, and between women and
men.
27.
In a similar vein, combating violence against women and girls in the indigenous
context must be achieved holistically; it cannot be addressed in isolation from the range of
rights recognized for indigenous peoples in general. In this regard, violence against
indigenous women and girls, which is distressingly all too common across the globe,
cannot be seen as separate from the history of discrimination and marginalization that has
been suffered invariably by indigenous peoples. This history manifests itself in continued
troubling structural factors, such as conditions of poverty, lack of access to land and
resources or other means of subsistence, or poor access to education and health services,
which are all factors that bear on indigenous peoples with particular consequences for
indigenous women. The history of discrimination against indigenous peoples has also
resulted in the deterioration of indigenous social structures and cultural traditions, and in
the undermining or breakdown of indigenous governance and judicial systems, impairing in
many cases the ability of indigenous peoples to respond effectively to problems of violence
against women and girls within their communities.
28.
Combating violence against indigenous women and girls therefore requires
remedying the structural legacies of colonialism and discrimination that indigenous peoples
have faced. This includes advancing the range of rights guaranteed for indigenous peoples,
most prominently those enshrined in the United Nations Declaration on the Rights of
Indigenous Peoples. The Special Rapporteur observes that the standards affirmed in the
Declaration share an essentially remedial character, seeking to redress the systemic
obstacles and discrimination that indigenous peoples have faced in their enjoyment of basic
human rights. From this perspective, it is important to note that the Declaration does not
seek to bestow indigenous peoples with a set of special or new human rights, but rather
provides a contextualized elaboration of general human rights principles and rights as they
relate to the specific historical, cultural and social circumstances of indigenous peoples,
including the situation of indigenous women and girls.
C.
Essential element of the holistic approach: advancing indigenous
peoples’ self-determination
29.
A holistic approach to combating violence against women and girls therefore should
include, in accordance with the United Nations Declaration on the Rights of Indigenous
Peoples, advancing indigenous peoples’ autonomy and self-governance (articles 5 and 18);
strengthening indigenous peoples’ traditional justice systems (articles 34 and 35);
increasing indigenous peoples’ access to justice (article 40); and improving indigenous
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