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Title | Date added | Template | Original document | Paragraph text | Body | Document type | Thematics | Topic(s) | Person(s) affected | Year |
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Rights of indigenous women and girls 2015, para. 54 | Aug 19, 2019 | Paragraph | As discussed by the Special Rapporteur on violence against women, its causes and consequences in her 2007 thematic report, culture-based identity politics can be used to justify violence against women in the name of traditional practices and/or values. Practices commonly carried out in the name of tradition, such as female gender mutilation and child marriage, impact some but not all indigenous communities. The fact that those traditional practices cut across religious, geographical and ethnic characteristics demonstrate that there are multidimensional causal factors and that no one factor attributed to the identity of women makes them vulnerable. Violations suffered by indigenous women and girls must be viewed within the context of the broad spectrum of violations experienced and their specific vulnerabilities as members of indigenous communities. | Special Rapporteur on the rights of indigenous peoples | Special Procedures' report |
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| 2015 | ||
Rights of indigenous women and girls 2015, para. 29f | Aug 19, 2019 | Paragraph | [There are examples of profound physical and mental health inequalities between indigenous and non-indigenous people. For example:] Child mortality rates among indigenous communities are usually above the national average. | Special Rapporteur on the rights of indigenous peoples | Special Procedures' report |
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| 2015 | ||
Rights of indigenous women and girls 2015, para. 7 | Aug 19, 2019 | Paragraph | All the provisions of the Declaration apply equally to indigenous women and indigenous men. Article 22 (2) specifically provides that States shall take measures, in conjunction with indigenous peoples, to ensure that indigenous women and children enjoy the full protection and guarantees against all forms of violence and discrimination. In the outcome document of the high-level plenary meeting of the General Assembly known as the World Conference on Indigenous Peoples, which focused on indigenous women, the participating Heads of State and Government, ministers and representatives of Member States invited the Human Rights Council to consider examining the causes and consequences of violence against indigenous women and girls, in consultation with the Special Rapporteur on violence against women, its causes and consequences, the Special Rapporteur on the rights of indigenous peoples and other special procedures mandate holders. | Special Rapporteur on the rights of indigenous peoples | Special Procedures' report |
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| 2015 | ||
Rights of indigenous women and girls 2015, para. 20 | Aug 19, 2019 | Paragraph | Some of the poverty reduction initiatives put in place to support indigenous communities are not always culturally sensitive and are therefore ineffective. For example, the practice of providing conditional cash transfers to poor indigenous families in exchange for compliance with preconditions, such as sending their children to school or requiring pregnant women to go for check-ups and to deliver in rural clinics or hospitals. Such practices have tended to be blind to the cultural values of indigenous peoples and also do not address the specific root causes of poverty. | Special Rapporteur on the rights of indigenous peoples | Special Procedures' report |
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| 2015 | ||
Rights of indigenous women and girls 2015, para. 60c | Aug 19, 2019 | Paragraph | [Compelled by economic need, armed conflict and denial of self-determination and land rights in the context of major economic development projects, many indigenous peoples migrate from their home communities in rural areas to urban centres. Indigenous women and girls who leave their communities are highly vulnerable to trafficking, which can lead to multiple violations of their human rights, including severe economic and sexual exploitation and sexual violence. There are also cases of indigenous women being targeted by organized traffickers within their own communities. Reports of trafficking of indigenous women and children include the following:] Trafficking of indigenous women for the purpose of exploitation has been reported in Mexico; | Special Rapporteur on the rights of indigenous peoples | Special Procedures' report |
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| 2015 | ||
Rights of indigenous women and girls 2015, para. 32 | Aug 19, 2019 | Paragraph | Women acutely feel the low levels of health within indigenous communities. They are disproportionately affected by illness owing to reduced coping capacity caused by the denial of broader rights. Women also play a primary role in overseeing the health and well-being of their families and communities, and can be particularly affected by the suffering of children and other family members. Their gender and role as child-bearers also make them vulnerable to specific health difficulties. | Special Rapporteur on the rights of indigenous peoples | Special Procedures' report |
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| 2015 | ||
Rights of indigenous women and girls 2015, para. 60d | Aug 19, 2019 | Paragraph | [Compelled by economic need, armed conflict and denial of self-determination and land rights in the context of major economic development projects, many indigenous peoples migrate from their home communities in rural areas to urban centres. Indigenous women and girls who leave their communities are highly vulnerable to trafficking, which can lead to multiple violations of their human rights, including severe economic and sexual exploitation and sexual violence. There are also cases of indigenous women being targeted by organized traffickers within their own communities. Reports of trafficking of indigenous women and children include the following:] Indigenous women in Canada are reported to be at a greater risk of trafficking for the purposes of sexual exploitation than non-indigenous women. | Special Rapporteur on the rights of indigenous peoples | Special Procedures' report |
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| 2015 | ||
Rights of indigenous women and girls 2015, para. 60b | Aug 19, 2019 | Paragraph | [Compelled by economic need, armed conflict and denial of self-determination and land rights in the context of major economic development projects, many indigenous peoples migrate from their home communities in rural areas to urban centres. Indigenous women and girls who leave their communities are highly vulnerable to trafficking, which can lead to multiple violations of their human rights, including severe economic and sexual exploitation and sexual violence. There are also cases of indigenous women being targeted by organized traffickers within their own communities. Reports of trafficking of indigenous women and children include the following:] In a number of Asian countries, including Cambodia, India, Nepal and Thailand, indigenous women are trafficked from their communities into domestic servitude or forced prostitution; | Special Rapporteur on the rights of indigenous peoples | Special Procedures' report |
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| 2015 | ||
Rights of indigenous women and girls 2015, para. 56 | Aug 19, 2019 | Paragraph | Similarly, little disaggregated information is available about the specific dynamics of child marriage in indigenous communities, but it is known to take place in some communities. Much of the literature on child marriage demonstrates a strong link with poverty, therefore, the broader human rights violations of indigenous women and girls are likely to be strong causal factors for child marriage. Child marriage is not only a form of violence, but also a violation of the child's rights to education and family life. Child marriage can also lead to violations of the rights to life and health, as young girls often experience complications with pregnancy and childbirth, which can result in death. In addition, child marriage creates vulnerability to marital rape. | Special Rapporteur on the rights of indigenous peoples | Special Procedures' report |
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| 2015 | ||
Rights of indigenous women and girls 2015, para. 60a | Aug 19, 2019 | Paragraph | [Compelled by economic need, armed conflict and denial of self-determination and land rights in the context of major economic development projects, many indigenous peoples migrate from their home communities in rural areas to urban centres. Indigenous women and girls who leave their communities are highly vulnerable to trafficking, which can lead to multiple violations of their human rights, including severe economic and sexual exploitation and sexual violence. There are also cases of indigenous women being targeted by organized traffickers within their own communities. Reports of trafficking of indigenous women and children include the following:] In the Miskitu communities of Nicaragua, indigenous women have reported the phenomenon of selling and trafficking of indigenous girls and boys, citing communitarian violence as the cause; | Special Rapporteur on the rights of indigenous peoples | Special Procedures' report |
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| 2015 | ||
Rights of indigenous women and girls 2015, para. 53f | Aug 19, 2019 | Paragraph | [Examples of violence against women in a military context include the following:] In north-western Kenya, British soldiers stationed in the area since the 1980s have reportedly raped more than 1,400 Masai and Samburu women. Rape survivors and their families still suffer from the legacy of those attacks, such as stigmatization of families with mixed-race children. | Special Rapporteur on the rights of indigenous peoples | Special Procedures' report |
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| 2015 | ||
Rights of indigenous women and girls 2015, para. 79d | Aug 19, 2019 | Paragraph | [Recommendations to Member States] [With regard to violence against indigenous women and girls, Member States should:] Ensure that all forms of violence against women, including female genital mutilation and child marriage, are included as violations within criminal law; | Special Rapporteur on the rights of indigenous peoples | Special Procedures' report |
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| 2015 | ||
Rights of indigenous women and girls 2015, para. 58 | Aug 19, 2019 | Paragraph | Domestic violence can have grave consequences for victims, including mental health problems, substance abuse, severe health issues and difficulties in providing care to children. Those consequences may be felt more acutely by indigenous women owing to lack of access to support services and justice, as well as their specific cultural and economic circumstances. | Special Rapporteur on the rights of indigenous peoples | Special Procedures' report |
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| 2015 | ||
Rights of indigenous women and girls 2015, para. 72b | Aug 19, 2019 | Paragraph | [Despite the significant constraints facing them, there are many instances where indigenous women having successfully mobilized to fight for their rights. Those successes have led to the development of promising practices in relation to the respect and protection of indigenous women. The following examples of good practice are illustrative and not exhaustive:] Numerous tribes, such as the Eastern Band of Cherokee Indians, maintain the practice of banishing perpetrators of violence against women from their tribal jurisdictional boundaries. That has proven to be an effective sanction which prevents women and their children from being forced to flee their home due to violence. Banishment is a serious community sanction that cuts off perpetrators and sends a strong message about the protection of women and children in the community. Several Kankanaey Igorot communities in the Cordillera region of the Philippines have customary laws that banish members who have committed rape. Thus, in those communities, incidences of rape are very low compared to urban areas and other provinces. The women of some Kalinga Igorot villages in the same region have succeeded in convincing their traditional leaders to abolish the discriminatory practices of bride price, dowry and arranged marriages; | Special Rapporteur on the rights of indigenous peoples | Special Procedures' report |
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| 2015 | ||
Rights of indigenous women and girls 2015, para. 78a | Aug 19, 2019 | Paragraph | [Recommendations to Member States] [With regard to civil and political rights, Member States should:] Ensure that the birth of every indigenous child is formally registered in national systems; | Special Rapporteur on the rights of indigenous peoples | Special Procedures' report |
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| 2015 | ||
Rights of indigenous women and girls 2015, para. 27 | Aug 19, 2019 | Paragraph | As a result of those factors, indigenous children often experience significant gaps in educational attainment compared with non-indigenous populations and dropout rates are high among indigenous children. For example, in Bolivia (Plurinational State of), Ecuador, Guatemala, Mexico and Peru, there is an average gap of three years between indigenous and non-indigenous children in relation to the schooling undertaken by those aged 15 or older. Those trends are mirrored in other countries with indigenous populations. The gaps between indigenous and non-indigenous educational attainment are also reflected in the proportion of those attending post-secondary education institutions. | Special Rapporteur on the rights of indigenous peoples | Special Procedures' report |
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| 2015 | ||
Rights of indigenous women and girls 2015, para. 28 | Aug 19, 2019 | Paragraph | In that connection, indigenous girls tend to be more disadvantaged than indigenous boys. In additional to the factors impacting overall indigenous dropout rates, girls can experience a number of additional barriers. Firstly, their role within communities often means that they are expected to help with domestic and care responsibilities. Secondly, indigenous girls may also be subjected to child marriage, so that their roles as wives and sometimes child bearers mean that they have to leave school. Thirdly, indigenous girls may face the risk of sexual violence and rape during long journeys to school, as evidenced in the report of the Working Group on Discrimination against Women in Law and in Practice on its visit to Peru. The significance of this barrier to education is exacerbated by the presence of legislation in some States that prohibits women and girls from being able to seek abortion services, even if they become pregnant following rape. | Special Rapporteur on the rights of indigenous peoples | Special Procedures' report |
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| 2015 | ||
Rights of indigenous women and girls 2015, para. 34 | Aug 19, 2019 | Paragraph | There have also been severe historical violations of indigenous women's rights in relation to sexual and reproductive rights in the context of denial of their rights to self-determination and cultural autonomy. Those violations include forced sterilization of indigenous women and attempts to force indigenous women to have children with non-indigenous men as part of policies of cultural assimilation. Indigenous women may also face barriers to preventive services that support their right to health, such as screening for ovarian and breast cancer. | Special Rapporteur on the rights of indigenous peoples | Special Procedures' report |
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| 2015 | ||
Rights of indigenous women and girls 2015, para. 35 | Aug 19, 2019 | Paragraph | Abuses of indigenous people's cultural rights are endemic, owing to a sustained unwillingness on the part of many States to celebrate indigenous culture or to promote the use of indigenous languages in schools as part of the cultural diversity of citizens within their borders. That has a cross-cutting effect on the rights of indigenous women and children. Lack of respect for indigenous cultures is evident across all violations of indigenous peoples and is a fundamental part of the experiences of indigenous women and girls. The commodification of the cultures and cultural heritage of indigenous peoples is a common experience for many indigenous peoples. For example, indigenous territories have been declared World Heritage Sites without their free, prior and informed consent, thereby turning them into tourist areas. In most cases, the people who reap the biggest benefits are foreign or national travel and tour agencies or hotel owners. In those cases, indigenous women often end up as menial employees or entertainers for tourists. At worst, prostitution is encouraged and criminal syndicates promote trafficking of indigenous women and girls. | Special Rapporteur on the rights of indigenous peoples | Special Procedures' report |
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| 2015 | ||
Rights of indigenous women and girls 2015, para. 66 | Aug 19, 2019 | Paragraph | Many countries do not have birth registration systems that robustly provide certification of the births of all indigenous children, which exacerbates the lack of monitoring and disaggregated data. Such lack of birth registration systems places indigenous children and people in a situation of increased vulnerability because they are invisible within the State system. Other consequences include no or limited access to social, health and educational services and increased vulnerability to statelessness or trafficking. | Special Rapporteur on the rights of indigenous peoples | Special Procedures' report |
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| 2015 | ||
Rights of indigenous women and girls 2015, para. 25 | Aug 19, 2019 | Paragraph | Indigenous children's inability to access education is generally caused by the geographical and political marginalization of indigenous communities. When education is available, it is often blind to the specific needs of indigenous children. Curricula are often not taught in indigenous languages, which undermines indigenous children's ability to achieve school readiness and express their cultural identity in school. National school curricula tend to have very little, if any, focus on indigenous peoples, their issues and histories. Some national curricula even reinforce negative cultural stereotypes about indigenous peoples and indigenous students frequently find that the education provided by the State promotes individualism and a competitive atmosphere, rather than communal ways of life and cooperation. It is also common for indigenous children to experience racism and discrimination and ethnically motivated bullying in school. Furthermore, the education available to indigenous children is not always of adequate quality. The physical buildings in which indigenous children are educated can also fail to be fit for purpose, and teaching staff and materials may also be of poor quality. | Special Rapporteur on the rights of indigenous peoples | Special Procedures' report |
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| 2015 | ||
Rights of indigenous peoples, including their economic, social and cultural rights in the post-2015 development framework 2014, para. 67 | Aug 19, 2019 | Paragraph | Pervasive discrimination against indigenous peoples in many places results in the failure to respect the value of skills related to traditional knowledge and indigenous identity, for example the ability to speak an indigenous language. In addition to the general discrimination against indigenous peoples in employment and occupations, they are particularly vulnerable to the most extreme forms of labour exploitation, such as hazardous labour conditions, child labour and forced labour. The latter includes: the bonded labour of indigenous peoples in several countries in South Asia; slavery-like practices in parts of Africa; and debt-bondage in parts of Latin America. Indigenous women and children face additional risks related to trafficking and sexual exploitation, as well as exploitation in the context of domestic work. | Special Rapporteur on the rights of indigenous peoples | Special Procedures' report |
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| 2014 | ||
Ongoing obstacles to the full realization of indigenous peoples’ rights; vision for the mandate 2014, para. 33 | Aug 19, 2019 | Paragraph | The Special Rapporteur would like to point out that implementing all of the above-mentioned measures does not necessarily guarantee that true reconciliation will occur. An essential component of the process also involves shifting attitudes on a personal and societal level, which the Special Rapporteur fully acknowledges is not an easy task. She discusses particular concerns in that regard in the following section. It should also be noted that, in 2014, the Expert Mechanism on the Rights of Indigenous Peoples continued its study entitled "Access to justice in the promotion and protection of the rights of indigenous peoples - restorative justice, indigenous juridical systems and access to justice for indigenous women, children and youth, and persons with disabilities" (see A/HRC/EMRIP/2014/3/Rev.1), including a discussion on restorative justice and provides further comments on the issue. | Special Rapporteur on the rights of indigenous peoples | Special Procedures' report |
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| 2014 | ||
Rights of indigenous peoples, including their economic, social and cultural rights in the post-2015 development framework 2014, para. 62 | Aug 19, 2019 | Paragraph | In the area of health, persisting inequities in health status is an unfortunate commonality for all of the world's indigenous peoples, with gaps not only in health status, but also in many determinants of health. Women and children face additional vulnerabilities. These are rooted in situations of extreme poverty, lack of access to education and social services, destruction of indigenous economies and sociopolitical structures, forced displacement, armed conflict and loss and degradation of customary lands and resources, all of which are further compounded by structural racism and discrimination. | Special Rapporteur on the rights of indigenous peoples | Special Procedures' report |
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| 2014 | ||
Ongoing obstacles to the full realization of indigenous peoples’ rights; vision for the mandate 2014, para. 52 | Aug 19, 2019 | Paragraph | [Clearly, existing and future economic investment and trade agreements and treaties, as well as conventions on the environment and on culture, have a direct impact on the economic, social, environmental and cultural rights of indigenous peoples. There are numerous issues that merit thematic attention. Nevertheless, in order to maximize the impact of her investigations, the Special Rapporteur intends to focus her efforts over the next three years of her mandate on issues surrounding economic, social, cultural and environmental rights of indigenous peoples, which could include, but are not limited to, the following:] Economic and social rights and other human rights issues regarding indigenous women and children in various settings, such as migration, trafficking of women and girls, violent conflicts, the informal economy, child labour, etc.; | Special Rapporteur on the rights of indigenous peoples | Special Procedures' report |
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| 2014 | ||
Ongoing obstacles to the full realization of indigenous peoples’ rights; vision for the mandate 2014, para. 35 | Aug 19, 2019 | Paragraph | Ongoing discrimination against indigenous peoples has its roots in the perceived superiority of the colonial population and its descendants, perceptions that were historically accompanied by laws and policies aimed at suppressing or eliminating indigenous identity and assimilating indigenous peoples into the dominant culture. In many countries, constitutional provisions and laws contained expressly racist language and barred indigenous peoples from carrying out a range of their own activities, such as performing cultural and religious ceremonies, and from participating in the life of the State, such as through voting or owning land. Some of the most notorious examples of such policies were those that overtly aimed at eliminating or "breeding out" aboriginal identity by removing indigenous children from their families and communities and placing them in non-indigenous environments, and by forbidding them to speak their own languages or practise their cultural traditions. | Special Rapporteur on the rights of indigenous peoples | Special Procedures' report |
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| 2014 | ||
Ongoing obstacles to the full realization of indigenous peoples’ rights; vision for the mandate 2014, para. 36 | Aug 19, 2019 | Paragraph | Racist laws and policies of that kind have almost entirely been eliminated around the world and are no longer tolerated. However, it has to be noted that, to date, the legal frameworks in some countries continue to officially refer to indigenous peoples as primitive tribal groups, subhumans or creatures. In most countries where indigenous peoples live, there have been many advances in furthering the rights of indigenous peoples, safeguarding their distinct cultures and ways of life and recognizing and combating the injustices that they still endure. Nevertheless, the laws and policies of the past have left in their wake continued discriminatory attitudes that distort perceptions of indigenous peoples and hinder their ability to thrive as distinct communities with their cultures, traditions and way of life intact. Those attitudes are evident at the individual, societal and institutional levels and can be perpetuated by public figures, the media and popular culture, everyday language and imagery, and even by children's schoolbooks. | Special Rapporteur on the rights of indigenous peoples | Special Procedures' report |
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| 2014 | ||
Ongoing obstacles to the full realization of indigenous peoples’ rights; vision for the mandate 2014, para. 53 | Aug 19, 2019 | Paragraph | While the previous mandate holders have integrated a focus on women and children areas into their works, including during country visits, as required under the mandates established by the Human Rights Council, women and children have never been the focus of a thematic report. The present Special Rapporteur considers that it is time to rectify that. She recognizes the need to coordinate closely with other special procedures mandate holders, especially those dealing with issues of women and children, as well as with treaty bodies such as the Committee on the Elimination of Discrimination against Women and the Committee on the Rights of the Child. | Special Rapporteur on the rights of indigenous peoples | Special Procedures' report |
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| 2014 | ||
Rights of indigenous peoples, including their economic, social and cultural rights in the post-2015 development framework 2014, para. 60 | Aug 19, 2019 | Paragraph | In the context of education, the Declaration on the Rights of Indigenous Peoples underlines the importance for indigenous peoples of: education in their own languages; culturally appropriate methods of teaching and learning; and the reflection of their cultures, traditions, histories and aspirations in educational curricula (see articles 14(1) and 15(1)). However, in many places, prejudices and negative stereotyping of indigenous culture and identity remain a major challenge, and indigenous peoples face discrimination in schools, both from other students and from teachers. The United Nations Educational, Scientific and Cultural Organization (UNESCO) has carried out an exhaustive investigation into this issue, the results of which are contained in its 2010 Education for All Global Monitoring Report: Reaching the marginalized. The report affirms that "[s]tigmatization is a potent source of marginalization that children bring with them to the classroom. From Aboriginals in Australia to the indigenous people of Latin America, failure to provide home language instruction has often been part of a wider process of cultural subordination and social discrimination". | Special Rapporteur on the rights of indigenous peoples | Special Procedures' report |
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| 2014 | ||
Rights of indigenous peoples, including their economic, social and cultural rights in the post-2015 development framework 2014, para. 25 | Aug 19, 2019 | Paragraph | The Declaration, in particular with regard to economic, social and cultural rights, points out in numerous articles the need for States to adopt "effective" or "specific" measures or to take "necessary steps" to overcome discrimination and ensure the progressive achievement of these rights. In general, article 21(2) stipulates that "States shall take effective measures and, where appropriate, special measures to ensure continuing improvement of their [indigenous peoples'] economic and social conditions". More specifically, the Declaration calls for: measures to: safeguard the cultural values and identity of indigenous peoples and prevent their forced assimilation or integration (article 8(2)); protection of their right to revitalize, use, develop and transmit their cultural heritage (article 13(1 and 2)); ensured access to education in their own culture and their own language (article 14); protection of indigenous children from economic exploitation and child labour (article 17(2)); protection of indigenous women and children against violence and discrimination (article 22(2)); and the right to achieve the highest attainable standard of physical and mental health (article 24(2)). | Special Rapporteur on the rights of indigenous peoples | Special Procedures' report |
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| 2014 |