Reconciling Indigenous Peoples’ Individual and Collective Rights
Title | Reconciling Indigenous Peoples’ Individual and Collective Rights PDF eBook |
Author | Jessika Eichler |
Publisher | Routledge |
Pages | 242 |
Release | 2019-05-09 |
Genre | Business & Economics |
ISBN | 1000020193 |
This book critically assesses categorical divisions between indigenous individual and collective rights regimes embedded in the foundations of international human rights law. Both conceptual ambiguities and practice-related difficulties arising in vernacularisation processes point to the need of deeper reflection. Internal power struggles, vulnerabilities and intra-group inequalities go unnoticed in that context, leaving persisting forms of neo-colonialism, neo-liberalism and patriarchalism largely untouched. This is to the detriment of groups within indigenous communities such as women, the elderly or young people, alongside intergenerational rights representing considerable intersectional claims and agendas. Integrating legal theoretical, political, socio-legal and anthropological perspectives, this book disentangles indigenous rights frameworks in the particular case of peremptory norms whenever these reflect both individual and collective rights dimensions. Further-reaching conclusions are drawn for groups ‘in between’, different formations of minority groups demanding rights on their own terms. Particular absolute norms provide insights into such interplay transcending individual and collective frameworks. As one of the founding constitutive elements of indigenous collective frameworks, indigenous peoples’ right to prior consultation exemplifies what we could describe as exerting a cumulative, spill-over and transcending effect. Related debates concerning participation and self-determination thereby gain salience in a complex web of players and interests at stake. Self-determination thereby assumes yet another dimension, namely as an umbrella tool of resistance enabling indigenous cosmovisions to materialise in the light of persisting patterns of epistemological oppression. Using a theoretical approach to close the supposed gap between indigenous rights frameworks informed by empirical insights from Bolivia, the Andes and Latin America, the book sheds light on developments in the African and European human rights systems.
Reconciling Indigenous Peoples' Individual and Collective Rights
Title | Reconciling Indigenous Peoples' Individual and Collective Rights PDF eBook |
Author | JESSIKA. EICHLER |
Publisher | Routledge |
Pages | 208 |
Release | 2020-12-20 |
Genre | |
ISBN | 9780367729615 |
This book critically assesses categorical divisions between indigenous individual and collective rights regimes embedded in the foundations of international human rights law. Both conceptual ambiguities and practice-related difficulties arising in vernacularisation processes point to the need of deeper reflection. Internal power struggles, vulnerabilities and intra-group inequalities go unnoticed in that context, leaving persisting forms of neo-colonialism, neo-liberalism and patriarchalism largely untouched. This is to the detriment of groups within indigenous communities such as women, the elderly or young people, alongside intergenerational rights representing considerable intersectional claims and agendas. Integrating legal theoretical, political, socio-legal and anthropological perspectives, this book disentangles indigenous rights frameworks in the particular case of peremptory norms whenever these reflect both individual and collective rights dimensions. Further-reaching conclusions are drawn for groups 'in between', different formations of minority groups demanding rights on their own terms. Particular absolute norms provide insights into such interplay transcending individual and collective frameworks. As one of the founding constitutive elements of indigenous collective frameworks, indigenous peoples' right to prior consultation exemplifies what we could describe as exerting a cumulative, spill-over and transcending effect. Related debates concerning participation and self-determination thereby gain salience in a complex web of players and interests at stake. Self-determination thereby assumes yet another dimension, namely as an umbrella tool of resistance enabling indigenous cosmovisions to materialise in the light of persisting patterns of epistemological oppression. Using a theoretical approach to close the supposed gap between indigenous rights frameworks informed by empirical insights from Bolivia, the Andes and Latin America, the book sheds light on developments in the African and European human rights systems.
Reparations for Indigenous Peoples
Title | Reparations for Indigenous Peoples PDF eBook |
Author | Federico Lenzerini |
Publisher | Oxford University Press |
Pages | 679 |
Release | 2008-01-24 |
Genre | Law |
ISBN | 0199235600 |
In this book, a group of renowned legal experts and activists investigate the right of indigenous peoples to reparations for breaches of their individual and collective rights.
Indigenous Rights
Title | Indigenous Rights PDF eBook |
Author | Anthony J. Connolly |
Publisher | Routledge |
Pages | 458 |
Release | 2017-05-15 |
Genre | Law |
ISBN | 1351927914 |
Throughout the world, indigenous rights have become increasingly prominent and controversial. The recent adoption by the United Nations General Assembly of the Declaration on the Rights of Indigenous Peoples is the latest in a series of significant developments in the recognition of such rights across a range of jurisdictions. The papers in this collection address the most important philosophical and practical issues informing the discussion of indigenous rights over the past decade or so, at both the international and national levels. Its contributing authors comprise some of the most interesting and influential indigenous and non-indigenous thinkers presently writing on the topic.
Handbook of Indigenous Peoples' Rights
Title | Handbook of Indigenous Peoples' Rights PDF eBook |
Author | Damien Short |
Publisher | Routledge |
Pages | 486 |
Release | 2016-02-05 |
Genre | Law |
ISBN | 1136313869 |
This handbook will be a comprehensive interdisciplinary overview of indigenous peoples’ rights. Chapters by experts in the field will examine legal, philosophical, sociological and political issues, addressing a wide range of themes at the heart of debates on the rights of indigenous peoples. The book will address not only the major questions, such as ‘who are indigenous peoples? What is distinctive about their rights? How are their rights constructed and protected? What is the relationship between national indigenous rights regimes and international norms? but also themes such as culture, identity, genocide, globalization and development, rights institutionalization and the environment.
Toward Reconciling a Recognition of a Collective Indigenous Right to Self-determination with Individual Human Rights
Title | Toward Reconciling a Recognition of a Collective Indigenous Right to Self-determination with Individual Human Rights PDF eBook |
Author | Arundel Pritchett |
Publisher | |
Pages | 152 |
Release | 2009 |
Genre | |
ISBN |
The UN Declaration on the Rights of Indigenous Peoples
Title | The UN Declaration on the Rights of Indigenous Peoples PDF eBook |
Author | Jessie Hohmann |
Publisher | Oxford University Press |
Pages | 657 |
Release | 2018 |
Genre | Law |
ISBN | 0199673225 |
The Declaration on the Rights of Indigenous Peoples set key standards for the treatment of indigenous people, and has significantly developed how indigenous rights are viewed and enforced. This commentary thematically assesses all aspects of the Declaration's provisions, providing an overview of its impact.--