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; 9

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