The right of Indigenous peoples to participate in
decision-making is highlighted in over 20 articles
of the Declaration.59 These require States to
consult and cooperate with Indigenous peoples;
and to take measures in conjunction with
them.60 Articles 18 and 19 in particular affirm
the right of Indigenous peoples to participate in
decision making in matters affecting their rights,
and require States to consult and cooperate in
good faith with Indigenous peoples, through
their own representative institutions, to obtain
their free, prior and informed consent before
adopting legislative or administrative measures
that may affect them.61
Article 21 sets out the right of Indigenous
peoples, without discrimination, to
improvement of their economic and social
conditions including education, employment,
housing, health, and social security. Article 21.2
requires States to take effective measures, and
where appropriate, special measures to ensure
continuing improvement of their economic and
social conditions. This article calls for particular
attention to the rights and special needs of
Indigenous people with disabilities. Article
23 affirms Indigenous peoples’ rights to be
actively involved in developing and determining
economic and social programmes through their
own institutions.
In the context of protection of tāngata whaikaha
Māori against violence and abuse, the UNDRIP
recognises the wider social context which
creates poor socio-economic outcomes for
tāngata whaikaha Māori must be addressed,
and affirms the importance of Indigenous selfdetermination, participation and leadership in
that process.
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Human Rights Commission
Article 22 pays particular attention to the rights
and special needs of those most vulnerable in
the community, including Indigenous elders,
women, youth, children, and persons with
disabilities. This article requires states to take
measures, in conjunction with Indigenous
peoples, to ensure that Indigenous women
and children enjoy the full protection and
guarantees against all forms of violence and
discrimination. Article 22 recognises the
intersectional risks in addressing violence.
Article 24 of the UNDRIP protects Indigenous
peoples’ traditional health practices and affirms
their right to the highest attainable standard of
physical and mental health. Other key articles
include: article 37, which affirms Indigenous
peoples’ rights to recognition and enforcement
of treaties; article 38, which requires States
to implement the UNDRIP’s provisions in
consultation and cooperation with Indigenous
peoples; and article 39, which obliges States
to provide financial assistance to Indigenous
peoples to enable them to enjoy their rights.
Article 40 provides for a right to effective
remedies for all breaches of Indigenous peoples’
individual and collective rights. Article 43
recognises that the rights laid out in the UNDRIP
are minimum standards.