Health 15/20

 Chapter  6A-2 199. As was recognized in the American Declaration on the Rights of Indigenous Peoples, at Article XVIII, “Indigenous peoples have the collective and individual right to the enjoyment of the highest attainable standard of physical, mental, and spiritual health.” According to the Committee on Economic, Social and Cultural Rights, this right to health contains certain interrelated...

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As Nicaragua Slides Deeper Into Dictatorship, Other Nations Grow Alarmed

December 26, 2018 by Barbara Crossette Protesters demanding freedom of the press, Nicaragua, Dec. 26, 2016. As the nation succumbs to full tyranny, 14 countries,, recently condemned President Daniel Ortega’s treatment of civil society in his country. In a rebuke to President Daniel Ortega of Nicaragua on Dec. 21, governments of 14 democratic nations in Europe,  Chile and Australia condemned the closing,...

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Economic, Social, and Cultural Dimensions of Indigenous Women’s Rights 14/20

Chapter 6A1: 185. Despite some advances in the past years in their economic, social, and cultural well-being, indigenous peoples continue to live in precarious conditions, as compared to the rest of the population, with higher rates of poverty, lack of access to basic services, education, and health care.438 In Guatemala, for example, the highest levels of poverty are found in the 12 departments inhabited...

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Access to Justice for Indigenous Women 13/20

Chapter 5-G. Conclusions  182. The historical and structural discrimination faced by indigenous women on the basis of their race and ethnic background, status as women and socio economic condition, make them especially vulnerable to human rights violations. The right to access to justice therefore takes on particular importance and, accordingly, the IACHR reiterates its deep concern that, despite initiatives...

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Systems of indigenous justice 12/20

Chapter 5-F 172. Because it is a manifestation of the right to self-determination of indigenous peoples, the international community has recognized indigenous peoples’ right to have their own justice systems, forms of organization, authorities and customary law, as can be seen in certain international instruments and interpretations issued by various international organizations.413 Both the instruments...

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Reparations from a gender-based and intercultural perspective 11/20

 Chapter 5-E.  159. Both the Inter-American Court and the IACHR have underlined the need to use a differential approach when granting reparations to certain groups, associations, and persons. The IACHR has stressed that in order to determine the scope of reparations, the cultural aspects characterizing the victim must be assessed, as well as her worldview, and conception of justice.383 Victims’...

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Multidisciplinary Perspective 10/20

Chapter 5  D.  156. In order to ensure access to justice for indigenous women, a multidisciplinary approach must be adopted, since the respect for their cultural and ethnic identity, language and particular characteristics is essential in this context. For this reason, the work of interpreters, translators, anthropologists, psychologists, healthcare professionals, among others is important....

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Investigations from an intercultural and gender-based perspective 9/20

Chapter 5 C.  150. The IACHR has noted that indigenous women and girls are caught in a situation of particular risk because of obstacles they face in seeking justice, which is further exacerbated by States’ failure to provide differential procedures and care to meet their specific needs in the area of justice.361 Officials in charge of receiving complaints and conducting investigations...

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Main obstacles to access justice encountered by indigenous women 8/20

Chapter 5B. 139. Indigenous women and girls face a variety of obstacles in their access to justice, most of which are closely connected to the discrimination, marginalization, and vulnerability to which they have been subjected historically. Discrimination in the official justice system, coupled with the high rates of marginalization and physical, emotional, and sexual violence they are subjected...

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ACCESS TO JUSTICE FOR INDIGENOUS WOMEN 7/20

133. Although many States in the Americas have enacted legislation which provides for access to justice for women on an equal footing with men, and which also prohibits discrimination based on ethnicity, in practice however, this right is usually not guaranteed effectively for indigenous women.319 Access to justice for indigenous women tends to be hampered by geographic, economic, cultural and linguistic...

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