Human rights are rights that are inherent to being human. Human rights include the right to life, to security of the person, freedom from torture, freedom of expression, and much more. Everyone is entitled to enjoy these rights without discrimination. All women have the right to be safe and free from violence.
Native American women face the highest rates of sexual violence and physical assault of any group in the United States. According to U.S. Department of Justice statistics, one out of three Native women will be raped in her lifetime, and three out of four will be physically assaulted. In the majority of the cases, the assailants are non-Indian. These horrendous statistics document the disproportionate impact of violence on Native communities.
In many cases, Indian nations are unable to properly protect their citizens because the United States government has limited tribal authority to prosecute all but the most minor criminal offenses. The federal government has also drastically cut funding to law enforcement in Indian Country. This has resulted in the erosion of tribal authority and the denial of equality under the law to Indian nations and women. Failure to effectively police and prosecute perpetrators negatively impacts not only victims of sexual violence but entire Indian nations as well. Violence against women disrupts the stability and productivity of their families, their communities, and Indian nations.
International Human Rights Law Condemns Violence Against Women
Human rights have increasingly concerned the world community since the end of World War II. The atrocities of the death camps of Nazi Germany led many international leaders, including former First Lady Eleanor Roosevelt, to advocate for an international community committed to protecting human rights. Countries responded to these calls for action by creating communities of countries or nation-states that address human rights through the creation of international laws protective of human rights.
The United Nations (UN) and the Organization of American States (OAS) are the two communities of countries most relevant to the United States. The UN, formed in 1945, has a membership of 192 countries, which includes almost every independent country in the world. The OAS, formed in 1948, is a separate, regional body that includes all of the countries of the Western Hemisphere. The United States is a founding member of both the UN and the OAS.
Today, the UN and the OAS have created international laws that recognize and protect many human rights. Under international human rights law, governments must ensure that their officials comply with human rights standards. Governments are also obligated to adopt effective measures to protect people from human rights abuses by private individuals. The UN and the OAS have also created bodies that monitor and enforce international human rights law. These bodies hold countries accountable for human rights violations.
The UN and the OAS have condemned violence against women as a human rights violation. Many international documents address violence against women and how it violates women's human rights. These documents include:
International Convention on the Elimination of All Forms of Racial Discrimination
http://www.ohchr.org/EN/ProfessionalInterest/Pages/CERD.aspx Adopted by the UN GA in 1965 and
entered into force in 1969. Signed by the US in 1966 and ratified by the US in 1994.
UN Convention on the Elimination of All Forms of Discrimination Against Women
http://www.un.org/womenwatch/daw/cedaw/cedaw.htm Adopted by the UN GA in 1979 and
entered into force in 1981. Signed by the US in 1980.
UN Declaration on the Elimination of Violence Against Women
http://www.un.org/documents/ga/res/48/a48r104.htm Adopted by UN GA in 1993.
UN Declaration on the Rights of Indigenous Peoples
http://www.un.org/esa/socdev/unpfii/documents/DRIPS_en.pdf
Adopted by the UN General Assembly in 2007.
Inter-American Convention on the Prevention, Punishment, and Eradication of Violence Against Women ("Convention of Belem do Para")
http://www.oas.org/juridico/english/treaties/a-61.html
Adopted by the OAS in 1994 and entered into force in 1995. The US has neither
signed nor ratified this Convention.
American Declaration of the Rights and Duties of Man
https://www.cidh.oas.org/Basicos/English/Basic2.American%20Declaration.htm Approved by the OAS in 1948.
For a complete list of international human rights documents, see here. These major international human rights documents have classified violence against women as a human rights violation. The failure of the United States government to prevent, investigate, punish, and provide justice for acts of violence against Native women violates international human rights law.
For information on how international human rights law can be used to end violence against Native women, see here.
