A/HRC/41/34/Add.2
British Columbia and Alberta.30 Indigenous peoples are also overrepresented among those
who have mental health conditions, die by suicide and are incarcerated. Furthermore, they
continue to experience various types of discrimination throughout many aspects of their
daily life.
75.
These phenomena indicate the existence of cross-cutting risk factors that affect the
health of indigenous peoples who live in remote communities but also in urban centres,
where they continue to face discrimination, higher rates of homelessness, “problematic
substance use” and poverty. There is a need to develop culturally appropriate measures;
medicalized health and mental health services are insufficient, and broader policies that
effectively address the determinants of health should be prioritized. Moreover,
jurisdictional disputes between federal and provincial health-care providers pose severe
barriers for indigenous peoples’ access to health care.
76.
To address delays and denials of health-care services for First Nations children, the
Federal Government supported a motion in the House of Commons on Jordan’s Principle in
2007. The Principle aims to avoid jurisdictional disputes in health care, social and
education services for First Nations children and calls upon the government of first contact
to ensure they can gain access to public services on an equal basis with other children. In
May 2017, the Canadian Human Rights Tribunal found that Jordan’s Principle had not been
applied properly and in its full meaning and scope, resulting in unnecessary gaps, delays
and denials of essential public services to First Nations children and young people. The
Tribunal established key principles, including its application to all First Nations children,
on or off reserves, and not limited to First Nations children with disabilities. It also ordered
that Canada review previous requests for funding that had been denied, to ensure
compliance with the key principles. The Special Rapporteur hopes that current efforts by
the Federal Government to support children who need help immediately and to make longterm changes for the future will ensure the effective implementation of Jordan’s Principle.
Specific cases
77.
The Special Rapporteur collected many testimonies about the situation in Red
Sucker Lake, an indigenous First Nations community north-east of Winnipeg. The
community is accessible only by air or winter road, and its nursing station provides only
sporadic basic health services. To receive appropriate diagnosis and gain access to medical
treatment for dialysis, chemotherapy, heart disease or other major primary health-care
issues, community members often have to travel long distances. Sometimes, they have to
relocate, either temporarily or permanently, to Winnipeg, notably in cases of dialysis.
78.
This health care is exclusively based on a biomedical model that leaves aside aspects
that affect community members’ well-being. On the one hand, the ancient and holistic
indigenous approach to health and wellness, which includes the spiritual, mental, physical
and emotional sphere, is disregarded; on the other hand, relocating indigenous peoples to
alien urban centres breaks the connection to their land, family, community and culture,
further creating additional needs in terms of the determinants of health. These include
housing, healthy and nutritious foods, transportation, education, social care and services for
children with disabilities, among others. Community members are not only isolated in the
city but are also exposed to different levels of discrimination and jurisdictional barriers
when gaining access to health care, including health determinants.
79.
The right to health compels States to ensure equal access to all health determinants
and to abstain from prohibiting or impeding traditional preventive care, healing practices
and medicines. The federal authorities, in consultation with the community, should improve
the medical services available locally, notably for dialysis treatment, and the federal,
provincial and city of Winnipeg authorities should coordinate efforts to provide broader
support when a Red Sucker Lake community member is relocated for medical reasons.
Municipal authorities may consider income assistance, transportation, interpretation and
social support, the establishment of community centres and cultural support, in consultation
with the community.
30
Ibid.
15
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