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. 12 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.

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