The United Nations Declaration on the Rights of Indigenous Peoples A Manual for National Human Rights Institutions At times, tensions have been perceived between the right to equality and indigenous peoples’ right to culture. It has been argued that indigenous traditions and customs can be discriminatory, especially towards women. For example, some cultural practices may inhibit education of the girl-child or prevent women from inheriting land or participating in decision-making processes.58 The Expert Mechanism has cautioned that such practices should not be assessed from a non-indigenous perspective. What may be perceived as discrimination should be understood within indigenous cultural practices and historical contexts. When assessing such practices, the perspective of the victim of the allegedly discriminatory practice should be prioritized. Indeed, the perspective of indigenous women is often unique and different from the perspectives of non-indigenous women. At the same time, discrimination against individuals should be eliminated.59 Article 46 (2) of the Declaration states that any limitation must be “in accordance with international human rights obligations”. It must also be “non-discriminatory and strictly necessary solely for the purpose of securing due recognition and respect for the rights and freedoms of others and for meeting the just and most compelling requirements of a democratic society”. Wayuu women, part of Colombia’s largest indigenous group, support themselves with artisan work in the village of Pessuapa, near the border with Venezuela. UN Photo/Gill Fickling. 58 International Labour Organization, Indigenous & Tribal Rights in Practice, A Guide to ILO Convention No. 169 (2009). 59 A/HRC/EMRIP/2012/3, paras. 86-87. 12 | Chapter 2: The content of the Declaration: Equality and non-discrimination; cultural integrity; and collective rights