A/HRC/43/52
C.
Indigenous peoples
31.
States and non-State actors should ensure that:
(a)
Indigenous and tribal peoples enjoy the full measure of the right to privacy
without hindrance or discrimination on the basis of gender, with indigeneity and gender being
self-defined;
(b)
The social, cultural, religious and spiritual values and practices of indigenous
and tribal peoples are recognized and protected and that the nature of the gender privacy
issues facing them as groups and as individuals is taken into account;
(c)
The specific vulnerability of indigenous women and gender-diverse
individuals, which contributes to ongoing abuses of their privacy rights, is addressed in the
context of both individual and collective rights;
(d)
The rights of indigenous peoples to own, control, have access to and possess
data that derive from themselves, which pertain to their members, knowledge systems,
customs or territories, including on gender, are recognized in a manner that is more respectful
of the distinctiveness and dignity of indigenous cultures;
(e)
Non-indigenous populations are educated on the privacy rights of indigenous
women and gender-nonconforming individuals and that materials on such matters are
integrated into school curricula and human rights training for officials who provide services
to indigenous peoples, including the police, border guards, the judiciary and health and
education professionals;
(f)
Judicial mechanisms are the primary means by which corporate violations of
privacy rights, regardless of gender, are remedied, while allocating adequate legislative
attention to providing safeguards and remedies as a matter of substantive and procedural law,
and that the legitimization of voluntary, private forms of remedy that do not provide effective
access to justice is avoided.
D.
Persons with disabilities
32.
States and non-State actors should ensure that:
(a)
The personal, health and rehabilitation information of persons with disabilities,
regardless of their gender, are protected on an equal basis with others;
(b)
The systems that assist with the exercise of legal capacity by persons with
disabilities fully respect those persons’ right to privacy, regardless of their gender;
(c)
Forced, non-consensual medical treatment, such as reproductive health
procedures, including involuntary sterilization, is not undertaken;
(d)
Persons with disabilities are closely consulted, including in the development
and implementation of legislation, policies and other decision-making processes.
E.
Children and young people
33.
States and non-State actors should:
(a)
Recognize and apply the values and provisions of the Convention on the Rights
of the Child, regardless of gender;
(b)
Take all measures necessary to provide a safe environment by protecting the
right to privacy to enable the child to develop freely, to provide space to reflect and deliberate
on moral and ethical choices and to enable social and intimate relationships and the
enjoyment of other human rights;
(c)
Take all necessary measures against any practice that infringes upon any
dimension of privacy and hinders or endangers a child’s normal growth and physical,
emotional and psychological development;
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