A/HRC/27/65 45. Indigenous and State legal notions of equality, centring on promotion of equality rights of indigenous juridical systems is (A/HRC/24/50, para. 65). institutions can benefit from dialogue on rights-based women’s rights and fair and equal treatment. The indigenous women within all aspects of State and integral to removing barriers to accessing justice 46. Where they do not exist, increasing development of community systems to provide justice will have a positive impact. When improving access to justice for indigenous women, their children and families, law reform processes must include holistic and healingbased responses. These solutions must address the underlying role of patriarchy caused by the imposition of colonial cultures. The participation of indigenous women as leaders within traditional indigenous juridical systems should be facilitated through targeted efforts. C. Indigenous children and youth 1. Barriers 47. Although the available data is limited, several studies show that indigenous children and youth are disproportionately represented in criminal justice systems. As the Committee on the Rights of the Child has pointed out, disproportionately high rates of incarceration of indigenous children “may be attributed to systematic discrimination from within the justice system and/or society”.28 In Australia, for example, indigenous youth aged 10–17 are 15 times more likely than non-indigenous youth to be under community-based supervision and almost 25 times as likely to be in detention.29 In New Zealand, Māori youth appear in court at a rate more than double the rate for all young people.30 48. Another area in which persistent barriers remain is access to justice for indigenous children who have been victims of domestic violence or sexual abuse. 2. Remedies 49. The Committee on the Rights of the Child listed a series of barriers and remedies to access to justice for indigenous children in its General Comment No. 11 (2009). Paragraph 23 underlines that States parties must ensure that the application of the principle of nondiscrimination can be “appropriately monitored and enforced through judicial and administrative bodies”. States are also reminded that effective remedies for nondiscrimination should be “timely and accessible”. 50. There is a considerable lack of data on indigenous children and youth in the justice system, which, in addition to making it difficult to ascertain the magnitude of the challenges at hand, also hinders the design and implementation of adequate policies to address their overrepresentation in the justice system. The Committee on the Rights of the Child highlighted the need for disaggregated data collection pertaining to indigenous children in order to identify discrimination,31 indicating that States should make efforts to improve disaggregation of data within their juvenile justice systems. Furthermore, the 28 29 30 31 12 Committee on the Rights of the Child, General Comment No. 11, para. 74. Australian Institute of Health and Welfare, “Youth justice in Australia 2011–12: an overview”, Bulletin 115 (April 2013), p. 10. Available from http://www.aihw.gov.au/WorkArea/DownloadAsset.aspx?id=60129543208. Submission: New Zealand Human Rights Commission, Te Kāhui Tika Tangata. Committee on the Rights of the Child, General Comment No. 11, para. 24.