A/HRC/48/74
12.
The Declaration sets out the need for particular attention to be paid to several groups,
including children, in relation to the right of indigenous peoples to the continuing
improvement of their economic and social conditions (art. 21). It also refers to special
measures that States should take, in consultation with indigenous peoples, to protect
indigenous children from economic exploitation, including any work that is likely to interfere
with their education or be otherwise harmful to them (art. 17). Article 22 calls for special
attention to be paid to the rights and needs of certain groups, including children, and measures
to guarantee protection against all forms of violence and discrimination, thereby recognizing
the intersectional discrimination they face.
13.
In addition to the articles that explicitly reference children’s rights, there are also
cross-cutting rights throughout the Declaration. The rights to self-determination (art. 3) and
traditional lands, resources and territories (arts. 25–28) are closely linked with their ability to
fully enjoy all other rights, including for example the rights to health (art. 24) and cultural
rights (inter alia, arts. 11, 13, 31 and 34). There continues to be a gap between the rights
provided for in the Declaration and the implementation at national level, particularly
regarding the rights of indigenous children.
III. Status of the rights of the indigenous child worldwide
14.
Indigenous children face barriers to their rights, including marginalization, racism and
structural discrimination, inadequate housing, poor health and education outcomes,
vulnerability to suicide, increased interactions with State care and justice systems, violence,
forced displacement, the impact of extractive industries, militarization of their territories and
lack of registration and recognition. Indigenous children are also impacted by the challenges
facing their families and communities, such as high unemployment rates, and are more likely
to live in poverty or extreme poverty than non-indigenous children. While there is a lack of
comprehensive disaggregated data on their situation in each country, from the information
available it is clear that this is their overall status worldwide.
15.
Challenges to the rights of children vary depending on region and their individual
situations, and may be compounded by intersecting vulnerabilities, including for girls,
lesbian, gay, bisexual, transgender, intersex and two-spirit children, children with disabilities
and those in remote or nomadic settlements or urban settings. Indigenous girls experience
additional barriers, including to their rights to education and health, and disproportionately
high rates of teenage pregnancy, which is often attributed to underlying causes, including
lower education rates and harmful practices such as child marriage.5
A.
Non-discrimination
16.
All children have the right to be free from discrimination. In addition to article 21 of
the Declaration on the Rights of Indigenous Peoples, article 2 of the Convention on the Rights
of the Child obliges States parties to ensure the rights provided therein without discrimination
of any kind. Article 44 of the Declaration reiterates that the rights therein are equally
guaranteed for female and male indigenous individuals. In its general comment No. 11, the
Committee on the Rights of the Child found that indigenous children were among those
requiring positive measures to counter discriminatory attitudes and practices, including
racism, and ensure the full enjoyment of their rights, including special measures relating to
the provision of culturally appropriate health care, education, housing and sanitation, and in
the juvenile justice system.
17.
Indigenous children often experience discrimination regarding access to services.
Greenlanders living in Denmark face discrimination and stigmatization from employers and
in accessing health care, education and other social services. Although often lacking,
disaggregated data is crucial for identifying gaps and developing appropriate policies to
counter the discrimination faced by indigenous children.
5
4
A/HRC/33/57, para. 61 and A/HRC/30/41, paras. 24–28, 33–37, 54 and 56.