Call for Input: Report to the 63rd Session of the Human Rights Council. Historical and Contemporary Forms of Violations against Indigenous Women and Girls’ Reproductive Health and Rights

The Special Rapporteur on the rights of Indigenous Peoples is seeking information in preparation of his upcoming thematic report to the 63rd Session of the Human Rights Council.

Deadline: 20 February 2026

Background

The principles of “Recognition, Reparation, and Reconciliation” are foundational for the interpretation and application of the UN Declaration on the Rights of Indigenous Peoples.^[1.1] These principles are essential for establishing a renewed partnership between States and Indigenous Peoples—one that is based on rights, mutual respect, and shared understanding. As stated by the UN Secretary General in 2007, the Declaration marked “a historic moment when United Nations Member States and indigenous peoples reconciled with their painful histories and resolved to move forward together on the path of human rights, justice and development for all.”

In his latest report to the Human Rights Council about recognition^[1.2], the Special Rapporteur on the rights of Indigenous Peoples highlighted that recognising Indigenous Peoples should include acknowledging the distinct historical injustices and human rights abuses they have faced. Such acknowledgment establishes a foundation for the State to deliver remedy and achieve national reconciliation.

Indigenous women and girls have suffered from particular historical violations of their sexual and reproductive health and rights. Across regions, colonialism, forced assimilation and cultural extinction profoundly shaped Indigenous women’s reproductive experiences. In many cases, policies and actions were taken to control or suppress Indigenous Peoples’ reproduction, including through discriminatory and coercive practices such as forced sterilizations, coercive contraceptive measures, and systemic sexual abuses and rapes.

Previous and current mandate holders have identified these injustices.^[1.3] However, although some specific violations of the sexual and reproductive health and rights of Indigenous women and girls have been highlighted, no global comprehensive report has yet been produced. The plight of most of these women and girls remains undocumented, and the victims continue to call upon States to fulfil their duty to preserve historical records and to publicly disclose the truth, as integral aspects of their international obligations to address and remedy gross human rights violations.

There are also contemporary forms of these particular injustices suffered by Indigenous women and girls. The Committee on the Elimination of Discrimination against Women (CEDAW) in its General Recommendation No. 39 underlines that “they are often victims of gender-based violence in the health system, including obstetrics violence; coercive practices, such as involuntary sterilizations or forced contraception; and barriers to their ability to decide on the number and spacing of their children.” Indigenous women and girls continue to have limited access to adequate healthcare services, including sexual and reproductive health services and information, due to factors like underfunded health systems and geographical barriers, and face racial and gender-based discrimination in health systems as well as discriminatory laws and practices.

Their right to free, prior and informed consent is often not respected in the health sector, and they frequently experience difficulties in securing access to sexual and reproductive health information and education, including about family planning methods, contraception and access to safe abortion care.^[1.4]

In urban areas, Indigenous women and girls may have more access to health facilities than their rural counterparts, but they often suffer from invisibility and discrimination based on their Indigenous identity. In many cases, the criminalization of indigenous midwifery and the denial of the opportunity to give birth on the land of their ancestors, breaks the spiritual connection of the newborn with the community, and contributes to an overall feeling of insecurity and distress of pregnant women during childbirth. For Indigenous women, the connection to ancestral lands and the environment is fundamental to their health status.^[1.5]

Indigenous women and girls continue to be subjected to violence and sexual abuse, and are disproportionately affected by restrictive abortion laws, due to high rates of gender-based violence, resulting in unwanted pregnancies, and high number of HIV infections. Equality in sexual and reproductive health requires access, without discrimination, to accessible, affordable, acceptable and quality sexual and reproductive healthcare, such as contraception; maternal health care, including during childbirth and the post-partum period; access to safe abortion care; access to effective screening and early treatment for breast and cervical cancer; and special attention to the high rate of HIV infections among young women and treatment to prevent mother-to-infant transmission.

The UN Special Rapporteur on the rights of Indigenous Peoples has decided to dedicate his thematic report to the 63rd session of the Human Rights Council to the topic of historical and contemporary forms of violations against Indigenous women and girls’ sexual and reproductive health and rights. By choosing this topic, the Special Rapporteur seeks to ensure that Indigenous women’s rights are not only recognized but actively protected, in line with international human rights standards such as the UN Declaration on the Rights of Indigenous Peoples and the Convention on the Elimination of All Forms of Discrimination Against Women.

This report does not seek to provide a detailed account of all such violations committed against Indigenous women and girls everywhere. Rather, it aims at providing an overall understanding of these injustices across various regions, including in their contemporary forms. Secondly, this report aims at reminding States of their responsibility to set the historical record straight, to honour the memories of the victims and to provide appropriate remedies as paths towards reconciliation.

The Special Rapporteur wishes to receive inputs to inform his report by way of responses to the questions below. The Special Rapporteur requests submissions from Member States and inter-governmental entities, UN agencies, funds and programs, Indigenous Peoples and organizations, civil society actors, humanitarian and development organizations, national human rights institutions, business representatives and other relevant stakeholders. Please email your written submissions to hrc-sr-indigenous@un.org by 20 February 2026 in English, French or Spanish preferably in WORD (.docx) accessible format. Kindly indicate in the subject of your email “Submission for 63rd Session Human Rights Council Report”. Respondents are requested to limit their inputs to a maximum of 4000 words. Supporting resources, such as reports, academic studies, and background materials may be annexed.

Key questions and types of input/comments sought

Historical injustices

Please provide information on historical practices that affected the sexual and reproductive health and rights of Indigenous women and girls in your country or region, providing specifics on forms and type of violations.
Were there, in your country or region practices, policies or programs that aimed at reducing or controlling the population of Indigenous Peoples, including through violation of Indigenous women and girls’ reproductive health and rights? If so, please provide as much details as possible.
Have there been an official recognition by the Government of such historical injustices against Indigenous women and girls in your country or region? If so, what measures or actions have been taken by the Government to redress those wrongs and promote reconciliation?
How have the victims been cared for? Have they been provided with spaces and means to call for justice and reparation?Contemporary forms of injustices against Indigenous women and girls’ sexual and reproductive health and rights
Please provide information on measures taken, in your country or jurisdictions, to ensure access to the full continuum of sexual and reproductive healthcare, including maternal health services, contraception and abortion care, for Indigenous women and girls.
Please describe the main barriers faced by Indigenous women and girls in accessing sexual and reproductive health services, including the nature and root causes of these challenges. Please provide information on measures taken, if any, to ensure inclusive and culturally appropriate healthcare for Indigenous women?
Please provide information on existing systems or mechanisms to monitor and document cases of mistreatment, abuse and violence in reproductive healthcare settings. Kindly also elaborate on challenges encountered in documenting such abuses and share any good practices to strengthen accountability.
Please describe measures taken to integrate Indigenous knowledge, worldviews, and intercultural approaches within the formal healthcare system, with a view to ensuring continuity, quality of care, and effective referral mechanisms. Please kindly elaborate on measures adopted to ensure that sexual and reproductive healthcare is delivered in Indigenous languages and in culturally acceptable ways.
Please share any promising practices, community-led initiatives, or policy measures that have effectively improved Indigenous women’s and girls’ sexual and reproductive health and rights.
Please indicate whether your Government or organization regularly collects and analyses disaggregated data on Indigenous women’s and girls’ access to sexual and reproductive healthcare and share any good practices and challenges in this regard.
Please, provide any additional information relevant to the topic of the report.

Questionnaire

How inputs will be used?

All submissions will be published on the mandate’s website unless explicitly marked as confidential by their authors. In line with the Code of Conduct for Special Procedures mandate-holders of the Human Rights Council and Manual of Operations of the Special Procedures of the Human Rights Council, mandate holders operate based on objective, reliable information and verifiable facts. In this regard, the Special Rapporteur reserves the right not to publish submissions that may not meet this threshold, as well as information containing personal data or that could put the submitters or others at risk of reprisals or intimidation