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Home > Other Forms of Violence Against Women > Indigenous Women > Law and Policy

Law and Policy on Violence Against Indigenous Women

Violence against indigenous women violates several human rights as outlined in the Universal Declaration of Human Rights, such as the right to life, liberty and security of person; the right not to be tortured or ill-treated; and the right to an adequate standard of health and well-being.

No existing international laws are specific to indigenous women, but indigenous women’s human rights are protected by the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) and the International Labor Organization Indigenous and Tribal Peoples Convention (ILO Convention 169). CEDAW provides a broad definition of discrimination, and General Recommendation 19 (1992) explicitly states that discrimination includes violence. Parties to this treaty must take positive measures to end discrimination against women, and they must submit periodic implementation reports to the CEDAW committee.

ILO Convention 169 outlines the rights of indigenous peoples, including human rights and fundamental freedoms, the right to non-discrimination, and rights of citizenship. It applies equally to men and women, and one of its goals is to recognize and protect unique cultures. Under this convention, states must consult indigenous peoples in decisions that impact them or their land. Though there are only 20 parties to this convention, it has served as a model of indigenous peoples’ rights.

The rights of indigenous women are further detailed in relevant UN declarations, including Declaration on the Elimination of Violence Against Women (DEVAW), the Beijing Declaration and Platform for Action, and Declaration on the Rights of Indigenous Peoples. DEVAW, adopted by the UN General Assembly in 1993, gives an expansive definition of violence against women and demonstrates a consensus that violence against women is a human rights violation. The Beijing Declaration and Platform for Action, adopted by the Fourth World Conference on Women in 1995, reaffirms that women’s rights are human rights and calls for governments to take action on key issues, including violence against women.

After 20 years of debate, the United Nations Declaration on the Rights of Indigenous Peoples was adopted by the General Assembly in 2007. This declaration recognizes indigenous peoples’ individual and collective rights, including rights to self-determination, land and resources, education, health, employment, and preserving distinct cultures and political systems. It gives specific guidelines for protecting and promoting indigenous cultures and calls upon states to provide means of prevention and redress for violations of indigenous peoples’ rights. From “Declaration on the Rights of Indigenous Peoples: Frequently Asked Questions,” United Nations Permanent Forum on Indigenous Issues (Accessed 27 July 2009).

The United Nations has also called attention to indigenous issues through declarations creating the First and Second International Decades of the World’s Indigenous People. The goals of the Second Decade (2005-2015) are promoting the inclusion of indigenous peoples in national, regional, and international processes and decisions, especially those that affect indigenous peoples and their lands; redefining development policies and adopting policies for the development of indigenous peoples, especially women and children; and creating stronger monitoring mechanisms to protect indigenous peoples. The United Nations Permanent Forum on Indigenous Issues and the Trust Fund on Indigenous Issues were created to promote these goals. From “Second International Decade of the World’s Indigenous People,” United Nations Permanent Forum on Indigenous Issues (Accessed 27 July 2009)

Compiled from:
Universal Declaration of Human Rights, United Nations (1948).
Convention on the Elimination of All Forms of Discrimination Against Women, United Nations (1979).
General Recommendation 19, United Nations Committee on the Elimination of Discrimination against Women (1992).
Indigenous and Tribal Peoples Convention, International Labor Organization (1989).
Declaration on the Elimination of Violence Against Women, United Nations (1993).
Beijing Declaration, United Nations Division for the Advancement of Women (1995).
Beijing Platform for Action, United Nations Division for the Advancement of Women (1995).
Declaration on the Rights of Indigenous Peoples, United Nations (2007)
“Declaration on the Rights of Indigenous Peoples: Frequently Asked Questions,” United Nations Permanent Forum on Indigenous Issues (Accessed 27 July 2009).

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