A/HRC/39/37
I.
Violence against indigenous women and girls
87.
During the reporting period, indigenous women and girls in many countries
continued to face violence and multiple forms of intersecting discrimination impeding their
full and equal enjoyment of all human rights.
88.
The OHCHR office in Guatemala registered cases of violence against indigenous
women and girls in the context of forced evictions — such as in the case of the forcibly
evicted Chabilchoch community in Izabal department — including allegations of excessive
use of force by the police.
89.
The Human Rights Committee and the Committee on the Elimination of Racial
Discrimination expressed concerns about the lack of national mechanisms to address
intersectional discrimination and violence. The Human Rights Committee recommended
the strengthening of existing preventive measures 41 with mechanisms that specifically
report cases of violence against indigenous women. The Committee on the Elimination of
Discrimination against Women noted a number of issues of violence related to indigenous
women, in particular, such as obstetric violence in connection with childbirth services, 42
insufficient capacity of law enforcement officials to investigate and prosecute cases of
gender-based violence,43 sexual violence,44 and lack of information about legal remedies for
gender-based violence.45 The same Committee also pointed out the issue of intersectional
discrimination against women and against indigenous people.46
90.
The Committee on the Elimination of Discrimination against Women recommended
the dissemination of information about legal remedies available to indigenous women who
have suffered gender-based violence, and systematic training for the judiciary and law
enforcement officers on the rights of indigenous women. 47 The Committee on Economic,
Social and Cultural Rights recommended the implementation of measures to combat
domestic violence against women, including indigenous women, 48 especially as domestic
violence may result in homelessness. The Committee on Economic, Social and Cultural
Rights also recommended the development of national housing strategies, with adequate
funding. 49 The Committee on the Rights of Persons with Disabilities added a
recommendation to include women and girls in policies regarding violence against
indigenous people and people with disabilities, in order to ensure their intersectional
protection.50
91.
The Committee on the Rights of Persons with Disabilities has adopted its general
comment No. 6 (2018) on equality and non-discrimination, which provides details on
intersectional discrimination.51 In paragraph 29 (c) of its general recommendation No. 35
(2017) on gender-based violence against women, updating general recommendation No. 19,
the Committee on the Elimination of Discrimination against Women calls upon States
parties to repeal, including in customary, religious and indigenous laws, all legal provisions
that are discriminatory against women and thereby enshrine, encourage, facilitate, justify or
tolerate any form of gender-based violence.
41
42
43
44
45
46
47
48
49
50
51
14
See CCPR/C/AUS/CO/6, para. 22.
See CEDAW/C/CRI/CO/7, para. 30.
See CEDAW/C/GTM/CO/8-9, para. 12.
See CEDAW/C/NOR/CO/9, para. 25.
See CEDAW/C/CHL/CO/7, para. 15.
See CEDAW/C/GTM/CO/8-9, para. 15.
See CEDAW/C/CHL/CO/7, para. 15.
See E/C.12/AUS/CO/5, para. 34.
Ibid., para. 42.
See CRPD/C/PAN/CO/1, para. 17.
See para. 19.
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