A/HRC/27/65
6.
In States in which legal pluralism is recognized, the jurisdiction of indigenous
juridical systems should be adequately clarified, recognizing that indigenous justice
systems are highly diverse and context-specific. State justice systems should demonstrate
respect for customary laws (which can be a means to increasing access to justice) and
customary laws should respect international human rights norms.
7.
States have an obligation to protect and support the work of indigenous human
rights defenders in the promotion of access to justice for indigenous peoples, in accordance
with Human Rights Council resolution 22/6.
8.
States should adopt a holistic approach to access to justice for indigenous women,
children and youth, and persons with disabilities, and take measures to address the root
causes of multiple forms of discrimination facing these groups, including systemic biased
use of discretionary powers, poverty, marginalization and violence against indigenous
women.
9.
States should make greater effort to disaggregate data regarding their criminal
justice systems so that a clearer picture of indigenous women, children and youth, and
persons with disabilities currently in detention can emerge. Such data would permit the
improved development and implementation of policies to better address the situation of
indigenous women, children and youth, and persons with disabilities deprived of their
liberty.
10.
States should ensure that indigenous women, children and youth, and persons with
disabilities have access to an interpreter where required, in all legal and administrative
proceedings. In the case of indigenous persons with disabilities, States should take
measures to ensure all forms of accessibility.
11.
States should work with indigenous peoples to develop alternatives for indigenous
children in conflict with the law, including the design and implementation of culturally
appropriate juvenile justice services and the use of restorative justice approaches. Arrest,
detention or imprisonment should only be used as a measure of last resort.
12.
Together with indigenous peoples, States should promote human rights education
and training among indigenous women, children and youth, and persons with disabilities as
a means for empowerment. Furthermore, links between indigenous and State legal
institutions can benefit from dialogue on rights based notions of equality, centring on
awareness of the rights of indigenous women and persons with disabilities. This can lead to
improved gender balance and participation of indigenous persons with disabilities in
juridical systems and indigenous peoples’ juridical systems.
13.
States should work in partnership with indigenous peoples so as to ensure
harmonious and cooperative relations in the implementation of the Declaration’s provisions
regarding access to justice.
14.
There cannot be a rule of law without access. States have an obligation to ensure
access to justice so that the right of indigenous peoples to effective remedies is fully
realized.
15.
States have a duty to protect against corporate violations of the human rights of
indigenous peoples, especially in view of their vulnerability. Particular attention is required
for indigenous women, children and youth, and persons with disabilities.
16.
States should take measures to increase appointments of indigenous women to the
judiciary. It is also important to promote a greater representation of indigenous women in
international legal systems, such as the human rights treaty bodies.
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