Collective Economic, Social and Cultural Rights Approach to Indigenous Land Rights
(2005)Department of Law
- Abstract
- The present study analyzes the right to land for indigenous peoples by emphasizing its multi-dimensional perspective and its collective economic, social and cultural aspects. A conceptual framework of collective economic, social and cultural rights (ESCR approach) to the indigenous peoples' right to land is proposed, supported by international human rights standards. The possible and actual positive changes of such collective ESCR approach to the right to land for indigenous peoples are explored. The situation of indigenous peoples' right to land in Brazil is reviewed with special attention to the international human rights' influence, and to the applicability of the proposed ESCR approach. The research is divided in three parts. The first... (More)
- The present study analyzes the right to land for indigenous peoples by emphasizing its multi-dimensional perspective and its collective economic, social and cultural aspects. A conceptual framework of collective economic, social and cultural rights (ESCR approach) to the indigenous peoples' right to land is proposed, supported by international human rights standards. The possible and actual positive changes of such collective ESCR approach to the right to land for indigenous peoples are explored. The situation of indigenous peoples' right to land in Brazil is reviewed with special attention to the international human rights' influence, and to the applicability of the proposed ESCR approach. The research is divided in three parts. The first part (Chapter II) presents the development of collective economic, social and cultural rights aspects in the conception of indigenous peoples' right to land. Relevant practice within the UN and Inter-American Human Rights Systems, regarding the recognition of ESCR aspects in the indigenous land rights are presented as supporting the proposed approach. The second part (Chapter III) verifies the international human rights influences in the Brazilian legislation and public policies. The collective ESCR approach is asserted to be a tool to advance the case for indigenous people's land security and rights. Finally, the third part (Chapter IV) presents illustrative cases from Brazil. The tragic consequences of the past purely 'property rights approach' to indigenous land issues is highlighted. Also, the recent contributions from international human rights standards and, the current domestic difficulties to advance indigenous right's to land, as embracing collective ESCR aspects, are considered. Research Question: How does a collective economic, social and cultural rights approach to the indigenous peoples' right to land influence national legislation and public policies? (Less)
Please use this url to cite or link to this publication:
http://lup.lub.lu.se/student-papers/record/1554937
- author
- Yamada, Erika
- supervisor
- organization
- year
- 2005
- type
- H1 - Master's Degree (One Year)
- subject
- keywords
- International Human Rights Law
- language
- English
- id
- 1554937
- date added to LUP
- 2010-03-08 15:22:45
- date last changed
- 2010-03-08 15:22:45
@misc{1554937,
abstract = {{The present study analyzes the right to land for indigenous peoples by emphasizing its multi-dimensional perspective and its collective economic, social and cultural aspects. A conceptual framework of collective economic, social and cultural rights (ESCR approach) to the indigenous peoples' right to land is proposed, supported by international human rights standards. The possible and actual positive changes of such collective ESCR approach to the right to land for indigenous peoples are explored. The situation of indigenous peoples' right to land in Brazil is reviewed with special attention to the international human rights' influence, and to the applicability of the proposed ESCR approach. The research is divided in three parts. The first part (Chapter II) presents the development of collective economic, social and cultural rights aspects in the conception of indigenous peoples' right to land. Relevant practice within the UN and Inter-American Human Rights Systems, regarding the recognition of ESCR aspects in the indigenous land rights are presented as supporting the proposed approach. The second part (Chapter III) verifies the international human rights influences in the Brazilian legislation and public policies. The collective ESCR approach is asserted to be a tool to advance the case for indigenous people's land security and rights. Finally, the third part (Chapter IV) presents illustrative cases from Brazil. The tragic consequences of the past purely 'property rights approach' to indigenous land issues is highlighted. Also, the recent contributions from international human rights standards and, the current domestic difficulties to advance indigenous right's to land, as embracing collective ESCR aspects, are considered. Research Question: How does a collective economic, social and cultural rights approach to the indigenous peoples' right to land influence national legislation and public policies?}},
author = {{Yamada, Erika}},
language = {{eng}},
note = {{Student Paper}},
title = {{Collective Economic, Social and Cultural Rights Approach to Indigenous Land Rights}},
year = {{2005}},
}