Women's Human Rights Resources Database

Although focussing primarily on Indigenous women in a Canadian context, this report also addresses the main issues facing Indigenous women in international arenas. The report begins with an overview of the status of Indigenous women in Canada, including health, demographic and social indicators and legal status. Most notably, the article presents an analysis of the way in which the colonially imposed system of justice impacts upon Indigenous women, and reviews how this system is inconsistent with their own traditional systems of justice and governance. The main international issues considered relate to self-government, alliance building and strategic research.

This report focusing on the Millennium Development Goals features sections on womens human rights and indigenous women. The report notes that women account for 70 percent of people living in poverty, due in part to lack of sexual and reproductive health services. The report notes that indigenous women experience increased discrimination in some countries where they experience significantly higher rates of violence and less access to police protection and the justice system, and that there is often a disparity in health maternal risks between indigenous and non-indigenous women. The report draws attention to the states failure to protect human rights defenders and the detrimental effect that failure has on womens rights in general. Among its recommendations, the report suggests that states fulfill their obligations under international human rights law by identifying and addressing gender discrimination within their institutional frameworks.

This report puts out a call to action for a national response to the human rights crisis created by the disproportionate scale and severity of violence faced by Indigenous women and girls in Canada. The author argues that a comprehensive and coordinated national response is needed to address current gaps in policies, programs and services to address this problem. The report lays out several elements that would need to be present for a successful National Action Plan. These include standardized police protocols to handle missing persons cases, as well as the collection of gender-disaggregated data on Indigenous persons in Canada that tracks violence rates against Indigenous women and girls. The report also calls for a funded and independent national public inquiry that will expose the nature of this violence and ensure government and police accountability. 

The author of this position paper argues for better provision of HIV/AIDS services for Aboriginal women in Canada. She begins with a statistical report of the number of Aboriginal women who are HIV positive. She then discusses various factors that exacerbate Aboriginal women's vulnerability to HIV infection including poor socioeconomic conditions, sexual and physical violence, low self-esteem, high levels of injection drug use, and low levels of HIV testing and treatment. Additionally, the author argues that Aboriginal women are stigmatized and discriminated against by their communities when they disclose their HIV positive status. She describes the barriers that Aboriginal women prisoners with HIV face, including poor access to information, services and support. She concludes with a discussion on the lack of research in this field. [Descriptors: Indigenous Women, Reproductive Rights - HIV/AIDS, Canada]

This article provides a historical overview of the specific problems facing Indigenous women in Canada, focussing on colonialism as the root cause of these problems. The author looks at the cumulative effects of colonialism, racism, sexual oppression and patriarchy, and explores how these factors have influenced the legal position of Indigenous women in Canada.

This advocacy guide provides an overview of the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) and the monitoring Committee and outlines the procedures through which to access these United Nations mechanisms. The text begins by reviewing the extent to which CEDAW recognizes the particular challenges facing Indigenous women, particularly the issue of self-determination. The guide provides practical information on the particular mechanisms for Indigenous women to access the protections under CEDAW as well as guidelines on other UN bodies which could be utilized to protect Indigenous rights. The annexes to the document contain extensive information on the status of ratification of CEDAW by individual states and excerpts from the text of the Committee's findings on individual country reports.

This report focuses on the capacity of Indigenous women in Africa to actively access their rights. It begins by noting that in many African countries women continue to face discrimination from customary norms and laws. Poverty is identified as an additional cause of the denial of rights to Indigenous women. Key rights which continue to be violated include property rights and the rights of political participation. Specific examples of progress in accessing rights are reviewed and the author concludes by emphasizing the importance of training women in their individual human rights.

Ines Fernandes Ortega, an Indigenous woman who was raped by a member of the Mexican military, filed a claim centered on the State's failure to provide her with adequate medical and legal services after the incident. Ortega also alleged that the military's investigation of her case had been ineffective, as it had progressed little over the course of eight years. The Ortega case is noteworthy primarily for its discussion of rape as a form of torture under the Inter-American Convention to Prevent and Punish Torture, as well as its attempt to analyze the case taking into account the victim's multidimensional identity as an Indigenous woman living in a marginalized community. The Court also found that the State was responsible for violating Articles 5 and 11 of the Convention in relation to Article 1(1), Articles 1, 2, 6, 8 and 25 of the Inter-American Convention to Prevent and Punish Torture, and Article 7(a) of the Inter-American Convention on the Prevention, Punishment, and Eradication of Violence against Women. One of the key holdings in Ortega is that rape never bears a link to military discipline, and that it will always be inappropriate for the military to assume jurisdiction over investigations of incidents of sexual violence.

This Convention was one of the first international documents to specifically identify the rights of Indigenous persons. The Convention generally states that the full range of human rights should be provided to Indigenous persons and Article 3 states that these provisions should apply equally to males and females. The Convention emphasizes key elements in the range of protections for Indigenous rights including social, economic and cultural rights and rights of self-determination. Article 20 addresses the right of women to have equal opportunities in employment and protection from sexual harassment.

This paper focuses on the key legal issues concerning matrimonial real property on First Nations reserves in Canada and the broader policy context. One of the main points addressed in the article is how reforms to matrimonial real property should respect the cultural interests of First Nations groups. In this vein, the report addresses how this question should be dealt with within the context of other land issues on reserves. The report begins with a review of the historical and constitutional context of this issue before examining the distinct legal regimes which govern matrimonial real property in Canada. In conclusion, the report points to the gaps within the current state of the law and emphasizes the need for specific legal remedies to this situation. [Descriptors: Indigenous Women, Canada]

This document is a nongovernmental report submitted to the United Nations Human Rights Committee. It includes information on violations of the rights of Aboriginal women focusing on a legal analysis of the protection of property and cultural rights and an examination of Aboriginal women's right to self-determination. The report also specifically identifies which articles of the International Covenant on Civil and Political Rights have been violated by the Canadian government. [Descriptors: Indigenous Women, Canada]

This report examines the issue of Aboriginal self-government in Canada and its potential impact upon the rights of Aboriginal women. The report raises concerns about where the inherent right to self-government may be rooted within Canadian law and argues that if it is found within the Canadian Charter of Rights and Freedoms, this will leave the right to self-government open to the restrictions under section 1 of the Charter. (Charter rights are subject only to such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society). The report also identifies two main areas of continued discrimination against Aboriginal women: registration as an Indian and band power concerning residence on reserves. The report argues that self-government must be structured in such a way as to guarantee the human rights and equality of Aboriginal women under Canadian and international law. [Descriptors: Indigenous Women, Canada]

This report by the Organization of American States examines the impediments to access to justice faced by indigenous women and makes note of institutional and private racism in the Americas that contributes to these impediments. The report focuses on inadequacies in the judicial system in regards to violence against women, noting problems with the administration of justice and existing laws. The report examines efforts to improve the administration of justice in regards to acts of violence against women through an examination of the justice sector, the passage of laws, and the implementation of government programs intended to address issues that predominantly affect women and concludes that they are insufficient. Finally, the report provides a list of general and contextual recommendations for improving access to justice for women victims of violence in the Americas.

The Royal Commission on Aboriginal Peoples was established to undertake a comprehensive examination of the relationship between Aboriginals and non-Aboriginals in Canada and to investigate practical solutions to the issues. This section of the Commission's final report focuses on the state of Aboriginal women in Canada. The section undertakes an extensive review of the historical development of the Indian Act and the impact of its provisions upon Aboriginal women. Key areas discussed include the provisions relating to Indian status, the impact of band membership codes upon Aboriginal women's rights and the basis for the right to live on the reserve. Other areas explored from a policy perspective include health and social services, family and youth, and Aboriginal women's activism. [Descriptors: Indigenous Women, Canada]

This report focuses primarily on policy alternatives for ensuring that Aboriginal women are able to equally participate in governance. It contains a review of the legal status of Aboriginal peoples in Canada and notes that none of the treaties or self-government agreements between First Nations and Canada has gender equality provisions. One of the authors' main suggestions is that gender equality provisions should be inserted into treaties and documents relating to First Nations governance. The report also reviews the development of the legal framework of self-government and equality on the international level. The report concludes by outlining potential models of self-government and highlights some of the gaps in the current law where women's rights to equality are not protected. [Descriptors: Indigenous Women, Canada]

Drawing on interviews and focus group discussions conducted across Canada, this report explores the connections amongst Aboriginal women, protest, and human security. The report begins with a literature review of gender and human security, gender and protest, Aboriginal women and protest, constitutionally-protected rights of Aboriginal peoples, and Bill C-36 and Aboriginal protest. The report highlights the leadership role that Aboriginal women play in protest activities concerning the protection of the environment, Aboriginal lifestyle, and culture. Against this backdrop, the authors argue that Bill C-36, an act to amend the Indian Act, allows for the continued repression of Aboriginal rights and title, and excessive use of force by the state. The report ends with a list of recommendations for the Canadian government. [Descriptors: Indigenous Women, Canada]

The Draft Declaration was approved in 1994 by the UN Sub-Commission on the Prevention of Discrimination and Protection of Minorities. The Declaration is based on the recognition of the oppression suffered by indigenous persons stemming from colonialism. Rights which are affirmed within the Declaration are the right to self-determination, the rights to maintain distinctive legal systems, rights to practice particular cultural traditions, and land rights. Rights within this Declaration are recognized on both an individual and collective level. Article 22 of the Declaration states that special attention should be paid to the rights and special needs of Indigenous women.

This report from the Special Rapporteur addresses the experience of Indigenous persons with national justice systems. The report begins by noting that Indigenous persons are among the most marginalized populations and that their rights are often denied even when protected by legislation. The report itself contains specific examples from Indigenous populations globally. In terms of Indigenous women, the Special Rapporteur notes their specific lack of access to the justice system and the extent to which discrimination within the system impacts upon women. The conclusions emphasize the importance of looking to the root causes of these problems and encouraging dialogue with Indigenous populations regarding the protection of their rights. This link also provides listings of previous reports by the Special Rapporteur.

This study examines the violence experienced by Indigenous girls, adolescents, and young women in Africa, Asia Pacific, and Latin America. It considers the structural and underlying causes and risk factors for such violence and provides an overview of the current initiatives taking place at a national level. The study focuses on the pervasiveness of violence against women and girls and how it relates to recognized human rights, such as the right to education and health. It also highlights the correlation between the high risk of violence to Indigenous women and the ongoing marginalization of Indigenous peoples. The study concludes that protection of Indigenous women's right to be free from violence is essential to a fulsome implementation of CEDAW, CRC, and UNDRIP.