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Implementation of the United Nations Declaration on the Rights of Indigenous Peoples and the work of the Special Rapporteur on the rights of indigenous peoples 2017, para. 59
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- Without consideration of these potential barriers, indigenous peoples face violations of due process when they do not understand legal procedures and when courts are inaccessible. Persistent racism, including in the judicial system, is clearly an obstacle to obtaining justice. This is undoubtedly a factor in the concerning overrepresentation of indigenous persons, including women and young people, in jail. Aggressive litigation, particularly by private parties who seek access to indigenous lands and resources, can be used as a way to hinder effective justice or remedy.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Ethnic minorities
- Women
- Youth
- Year
- 2017
- Date added
- Aug 19, 2019
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Rights of indigenous women and girls 2015, para. 40e
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- [Data and comprehensive comparative research on indigenous women and the criminal justice system are very underdeveloped. However, reports suggest that indigenous women are overrepresented in the criminal justice systems and the number of indigenous women in custody is increasing in a number of countries, including Australia, Canada and New Zealand. What limited data is available suggests that the incarceration of women is increasing at a significantly quicker rate than that of men. Some relevant statistics include the following:] From 1996/97 to 2001/02, in Canada, the number of federally sentenced aboriginal women increased by 36.7 per cent, compared with 5.5 per cent for aboriginal men.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Gender
- Person(s) affected
- Ethnic minorities
- Women
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Rights of indigenous women and girls 2015, para. 40b
- Paragraph text
- [Data and comprehensive comparative research on indigenous women and the criminal justice system are very underdeveloped. However, reports suggest that indigenous women are overrepresented in the criminal justice systems and the number of indigenous women in custody is increasing in a number of countries, including Australia, Canada and New Zealand. What limited data is available suggests that the incarceration of women is increasing at a significantly quicker rate than that of men. Some relevant statistics include the following:] Maori women were also overrepresented for imprisonment and intensive supervision (accounting for 51 per cent of sentences imposed) and underrepresented for more lenient dispositions, such as reparation orders (39 per cent) and fines and discharges (both 33 per cent);
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- Ethnic minorities
- Women
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Ongoing obstacles to the full realization of indigenous peoples’ rights; vision for the mandate 2014, para. 33
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- 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.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Children
- Ethnic minorities
- Persons with disabilities
- Women
- Youth
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
Overview of the activities carried during the first three-year term of the mandate 2011, para. 64
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- The Declaration affirms in its article 3 the right of indigenous peoples to self determination in a way that is deemed compatible with the principle of territorial integrity and political unity of States. On these grounds, the Declaration provides a detailed list of rights that constitute "the minimum standards for the survival, dignity and well-being of indigenous peoples of the world" (art. 43). The Declaration reaffirms basic individual rights to equality and non-discrimination, life and personal integrity and freedom, nationality and access to justice; and it calls for special attention to specific rights and needs of indigenous elders, women, youth, children and persons with disabilities.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Children
- Ethnic minorities
- Women
- Youth
- Year
- 2011
- Date added
- Aug 19, 2019
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