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Judicial Interpretation and Indigenous Peoples’ Rights to Lands, Participation and Consultation. The Inter-American Court of Human Rights’ Approach

Fuentes, Alejandro LU (2016) In International Journal on Minority and Group Rights 23(1). p.39-79
Abstract
This article proposes a critical legal analysis of the jurisprudence of the Inter-American Court of Human Rights regarding indigenous peoples’ rights to lands, participation, and consultation. It focuses on the role that cultural diversity as a legal standard has played in the recognition of the indigenous peoples’ right to consultation and participation in all matters that directly affect them, as a guarantee for the protection of their right to communal property and natural resources traditionally used, and for safeguarding their cultural identity. In analysing the jurisprudence of the Inter-American Court, special attention is paid to the interpretative methods applied by the regional tribunal, and to the manner in which a... (More)
This article proposes a critical legal analysis of the jurisprudence of the Inter-American Court of Human Rights regarding indigenous peoples’ rights to lands, participation, and consultation. It focuses on the role that cultural diversity as a legal standard has played in the recognition of the indigenous peoples’ right to consultation and participation in all matters that directly affect them, as a guarantee for the protection of their right to communal property and natural resources traditionally used, and for safeguarding their cultural identity. In analysing the jurisprudence of the Inter-American Court, special attention is paid to the interpretative methods applied by the regional tribunal, and to the manner in which a non-restrictive and ‘culturally friendly’ interpretation of conventionally protected human rights has contributed to the enlargement of their scope of protection, and to their enjoyment by one of the most marginalized and excluded sectors of Latin-American societies. (Less)
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author
organization
publishing date
type
Contribution to journal
publication status
published
subject
keywords
Culture, Judiciary/Courts, Latin America, human rights, Diversity, indigenous peoples
in
International Journal on Minority and Group Rights
volume
23
issue
1
pages
41 pages
publisher
Brill Academic Publishers
external identifiers
  • Scopus:84959351521
ISSN
1571-8115
language
English
LU publication?
yes
id
ac068ec2-2a46-4652-b0c7-774e7d7d62be
alternative location
http://booksandjournals.brillonline.com/content/journals/10.1163/15718115-02202006
date added to LUP
2016-04-25 16:52:19
date last changed
2016-10-13 05:06:58
@misc{ac068ec2-2a46-4652-b0c7-774e7d7d62be,
  abstract     = {This article proposes a critical legal analysis of the jurisprudence of the Inter-American Court of Human Rights regarding indigenous peoples’ rights to lands, participation, and consultation. It focuses on the role that cultural diversity as a legal standard has played in the recognition of the indigenous peoples’ right to consultation and participation in all matters that directly affect them, as a guarantee for the protection of their right to communal property and natural resources traditionally used, and for safeguarding their cultural identity. In analysing the jurisprudence of the Inter-American Court, special attention is paid to the interpretative methods applied by the regional tribunal, and to the manner in which a non-restrictive and ‘culturally friendly’ interpretation of conventionally protected human rights has contributed to the enlargement of their scope of protection, and to their enjoyment by one of the most marginalized and excluded sectors of Latin-American societies.},
  author       = {Fuentes, Alejandro},
  issn         = {1571-8115},
  keyword      = {Culture,Judiciary/Courts,Latin America,human rights,Diversity,indigenous peoples},
  language     = {eng},
  number       = {1},
  pages        = {39--79},
  publisher    = {ARRAY(0xd0455c8)},
  series       = {International Journal on Minority and Group Rights},
  title        = {Judicial Interpretation and Indigenous Peoples’ Rights to Lands, Participation and Consultation. The Inter-American Court of Human Rights’ Approach},
  volume       = {23},
  year         = {2016},
}