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. 374 The IACHR has voiced special concern because forensic medical and legal expert examinations do not ensure respect for indigenous customs in cases of sexual offenses. 375 In the interest of addressing this issue, the IACHR has indicated that States need to create systems and procedures for culturally appropriate expert examination in cases involving indigenous women.376 With regard to sexual violence, the IACHR has found that States’ duty to protect is comprehensive and encompasses both a public health and a legal approach, in which the State must meet the needs of the victims, including effectively addressing the physical and psychological consequences of sexual violence.377 

157. The Commission acknowledges that it is crucial to have a variety of professionals available in order to render the process in the courts culturally appropriate. Interpreters guarantee effective communication and understanding of the court proceedings. In addition, other experts in the field of social sciences such as legal anthropologists or psychologists may also be required to inform the court about the worldviews of a specific indigenous community, the particular cultural beliefs which may influence behavior (in the courtroom and in society), the practices which may influence the suitability of a sentence or of a reparation, and the specific effects of a measure or decision on an indigenous community. However, the Commission continues to receive reports indicating that this multidisciplinary approach is not implemented in national courts. For instance, the IACHR has received information indicating that during judicial proceedings in Mexico, contextual information about the indigenous people to which the woman belongs, or about its worldview, is usually not taken into consideration. 378 Introduction of anthropological expert opinion evidence from a gender-based perspective is still not a widespread practice in judicial proceedings.379 

158. Additionally, even though interpreters and translators play an essential role in access to justice for indigenous women, the IACHR has received information to the effect that they are often not made available by the States. The State of El Salvador indicated that the court system did not have interpreters of its own and, therefore, when such assistance was necessary, judicial officials had to obtain it from outside agencies or institutions.380 The Office of the United Nations High Commissioner for Human Rights in Mexico identified in a sampling of 586 cases of indigenous persons deprived of their liberty in the State of Oaxaca, Mexico, that 84% had not been assisted by a translator at any time during their case proceedings.381 Similarly, in a study conducted by the National Women’s Institute in 2011, it was found that most indigenous women deprived of liberty in the States of Chiapas, Oaxaca and Veracruz were not accompanied by a translator or interpreter, and in the instances when they did receive assistance, the interpreter or translator was unfamiliar with the culture and customs of the person being charged.382 

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