Results for 'indigenous rights'

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  1.  28
    Indigenous Rights, Global Governance, and State Sovereignty.William H. Meyer - 2012 - Human Rights Review 13 (3):327-347.
    This article discusses indigenous rights within the context of global governance. I begin by defining the terms “global governance” and “indigenous peoples” and summarizing the rights that are most important to indigenous peoples. The bulk of this article studies the global governance of indigenous rights in three areas. The first example is the creation of the 2007 UN Declaration on the Rights of Indigenous Peoples. A second example involves violations of (...) rights brought before the Inter-American Court of Human Rights. A third case looks at a relatively new international regime created by indigenous peoples themselves—the Inuit Circumpolar Council. I conclude by using theories of sovereignty to assess the relative successes and failures of indigenous efforts to secure their rights. (shrink)
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  2. Philosophical Justifications for Indigenous Rights.Paul Patton - 2016 - Handbook of Indigenous People's Rights.
    This chapter surveys attempts to provide liberal justification for specific rights available to Indigenous citizens of democratic societies. The most important of these, by Will Kymlicka, relied on the equal right of all citizens to the good of cultural membership to argue for specific rights to protect minority cultures. After noting that Rawls’s political liberalism offers other resources to argue for specific constitutional or legal rights for colonised Indigenous citizens, the chapter turns to consider James (...)
     
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  3. Declaration on Anthropology and Human Rights (1999).Committe for Human Rights & American Anthropological Association - 2009 - In Mark Goodale (ed.), Human Rights: An Anthropological Reader. Wiley-Blackwell.
     
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  4. A Kantian Argument for Sovereignty Rights of Indigenous Peoples.Thomason Krista - 2014 - Public Reason 6 (1-2):21-34.
    Kant’s non-voluntarist conception of political obligation has led some philosophers to argue that he would reject self-government rights for indigenous peoples. Some recent scholarship suggests, however, that Kant’s critique of colonialism provides an argument in favor of granting self-government rights. Here I argue for a stronger conclusion: Kantian political theory not only can but must include sovereignty for indigenous peoples. Normally these rights are considered redress for historic injustice. On a Kantian view, however, I argue (...)
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  5.  21
    Freeport-McMoRan Copper & Gold, Inc.: An Innovative Voluntary Code of Conduct to Protect Human Rights, Create Employment Opportunities, and Economic Development of the Indigenous People. [REVIEW]S. Prakash Sethi, David B. Lowry, Emre A. Veral, H. Jack Shapiro & Olga Emelianova - 2011 - Journal of Business Ethics 103 (1):1-30.
    Environmental degradation and extractive industry are inextricably linked, and the industry’s adverse impact on air, water, and ground resources has been exacerbated with increased demand for raw materials and their location in some of the more environmentally fragile areas of the world. Historically, companies have managed to control calls for regulation and improved, i.e., more expensive, mining technologies by (a) their importance in economic growth and job creation or (b) through adroit use of their economic power and bargaining leverage against (...)
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  6.  29
    Too Liberal for Global Governance? International Legal Human Rights System and Indigenous Peoples’ Right to Self-Determination.Ranjoo Seodu Herr - 2017 - Journal of International Political Theory 13 (2):196-214.
    This article considers whether the international legal human rights system founded on liberal individualism, as endorsed by liberal theorists, can function as a fair universal legal regime. This question is examined in relation to the collective right to self-determination demanded by indigenous peoples, who are paradigmatic decent nonliberal peoples. Indigenous peoples’ collective right to self-determination has been internationally recognized in the Declaration on the Rights of Indigenous Peoples, which was adopted by the United Nations in (...)
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  7.  60
    Agreeing to Disagree: Indigenous Pluralism From Human Rights to Bioethics.Chris Durante - 2009 - Journal of Religious Ethics 37 (3):513-529.
    David Hollenbach, working within the context of human rights theory, has developed the notion of "indigenous pluralism" as a means of coping with the problems that arise when different religious traditions hold distinct or incompatible interpretations of human rights. It will be argued that indigenous pluralism is a theoretically and practically useful concept for bioethics as well and hence should be incorporated into bioethical methodology and processes of bioethical policy formation. Subsequently, the notion of indigenous (...)
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  8. Ownership, Authority, and Self-Determination: Moral Principles and Indigenous Rights Claims.Burke A. Hendrix - 2008 - Pennsylvania State University Press.
    Much controversy has existed over the claims of Native Americans and other indigenous peoples that they have a right—based on original occupancy of land, historical transfers of sovereignty, and principles of self-determination—to a political status separate from the states in which they now find themselves embedded. How valid are these claims on moral grounds? -/- Burke Hendrix tackles these thorny questions in this book. Rather than focusing on the legal and constitutional status of indigenous nations within the states (...)
     
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  9.  1
    Indigenous Rights in El Salvador: Prospects for Change. [REVIEW]Lyana Patrick - 2004 - Human Rights Review 5 (3):92-102.
    In 1996, the National Association of Salvadoran Indians participated in a UN-sponsored conference on the development of forest resources. Their involvement in the conference highlighted the growing international presence of Salvadoran indigenous organizations. Unfortunately, there is also very limited information available on these groups. As some have commented:The Salvadoran Indians … are an invisible or ghostly presence in the country: cautious in their public presence as an ethnic community, officially non-existent—yet still recognised by neighbours, local municipal governments and, most (...)
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  10.  84
    Are There Any Defensible Indigenous Rights?Gillian Brock - 2002 - Contemporary Political Theory 1 (3):285-305.
    In recent years, a number of important challenges have been raised about whether arguments for granting group rights in virtue of ethnicity can really stand up to scrutiny. Two of the most pressing issues involve whether granting rights to groups in virtue of ethnicity involves a certain unfairness to non-members and whether granting such rights licenses unfairness to members . If arguments for indigenous rights are to succeed, they must address these challenges and show how (...)
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  11.  78
    Indigenous Rights and Environmental Justice.Roy W. Perrett - 1998 - Environmental Ethics 20 (4):377-391.
    The modern environmental movement has a tradition of respect for indigenous cultures and many environmentalists believe that there are important ecological lessons to be learned from studying the traditional life styles of indigenous peoples. More recently, however, some environmentalists have become more sceptical. This scepticism has been sharpened by current concerns with the cause of indigenous rights. Indigenous peoples have repeatedly insisted on their rights to pursue traditional practices or to develop their lands, even (...)
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  12.  20
    Intellectual Property Rights and Agricultural Biodiversity: Literature Addressing the Suitability of IPR for the Protection of Indigenous Resources. [REVIEW]Amanda B. King & Pablo B. Eyzaguirre - 1999 - Agriculture and Human Values 16 (1):41-49.
    Recent debate has focused on the use of intellectual property regimes for the protection of indigenous resources. Both domesticated crops and useful wild plants are shaped by indigenous knowledge and by their uses within indigenous cultures. This implies that the preservation of cultural systems is as important as the conservation of the associated biological resources. Intellectual property has been suggested as a means to protect indigenous resources from misappropriation, and to create increased investment in their conservation. (...)
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  13.  29
    Global Indigenous Research Contexts for Bio-Prospecting: Sacred Collisions of Ethnobotany, Diversity Genetics, Intellectual Property Law, Sovereign Rights, and Public Interest Pharmaceuticals.Anne Waters - 2004 - American Philosophical Association Newsletter on Indigenous Philosophy.
    Waters aries that the demands of indigenous bio-prospecting programs need to be considered against the needs of indigenous communities. Issues of sovereignty and rights to self-determination need to be resolved in the context of negotiating bio-prospecting plans. By setting out clear guidelines and priorities, as determined through the eyes and values of indigenous peoples, indigenous communities may have an opportunity to participate in the global sharing of biomedical information and healing for all our relations. Before (...)
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  14. Liberalism, Socio-Economic Rights and the Politics of Identity: From Moral Economy to Indigenous Rights.John Gledhill - 1997 - In Richard Wilson (ed.), Human Rights, Culture and Context: Anthropological Perspectives. Pluto Press. pp. 70--110.
  15. Indigenous Rights.Steven Curry - 2003 - In Tom Campbell, Jeffrey Goldsworthy & Adrienne Stone (eds.), Protecting Human Rights: Instruments and Institutions. Oxford University Press.
     
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  16.  13
    The Culture of Indigenous Rights Activism and David Stoll's Rigoberta Menchú.Brian D. Haley - 1999 - Human Rights Review 1 (1):91-98.
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  17.  11
    Indigenous Rights in The Venezuelan Legislation.Cristian Rojas & Marco Galetta - 2008 - Proceedings of the Xxii World Congress of Philosophy 11:137-147.
    This paper is emphatically focused in the analysis on the indigenous problem such as it had been ruled by law in the different Venezuelan Constitutions since the foundation of the Republic in 1811. Our purpose does not go as far as to treat the ancestral indigenous problem in Venezuela because this would exceeds the limits of our study; although, we will do some references in relation to this question.
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  18.  3
    Colliding Worlds : Indigenous Rights, Traditional Knowledge, and Plant Intellectual Property.Mianna Lotz - unknown
    In this paper I suggest a number of reasons for concluding that Australia's existing Plant Intellectual Property system is incompatible with the provision of adequate protection of ownership of indigenous peoples' traditional plant knowledge.
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  19. The Rights of Indigenous Peoples Under International Law.James S. Phillips - 2015 - Global Bioethics 26 (2):120-127.
    International law guarantees rights to indigenous peoples regarding traditional lands, knowledge, cultural preservation, and human security. This paper will examine the sources of these rights and legal remedies for violations of law. Protection of indigenous peoples’ cultures and resources contribute to the protection of the global environment.
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  20. Indigenous Rights: Oslo: The Last Stage of Conquest.Norman G. Finkelstein - 1998 - Radical Philosophy Review 1 (2):133-140.
    The author compares the strategies used in the conquest of the American West, the imperialism of the Third Reich, the creation of Bantustans in South Africa, and cautions against sanguine readings of the Oslo Peace Talks between Israel and Palestine. He concludes that the current agreements are in fact the last stages of Israeli conquest of Palestine.
     
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  21.  6
    Teaching for Understanding: 'Human Rights in Australia - Indigenous Rights and Freedoms'.Mevlana Adil - 2011 - Ethos: Social Education Victoria 19 (4):11.
  22.  11
    Placing Indigenous Rights to Self-Determination in an Ecological Context.Barbara Ann Hocking - 2002 - Ratio Juris 15 (2):159-185.
  23.  5
    National Representations: Representation of Interests? The Law of Indigenous Rights: An Intersection Point of View.Adrian Gimate-Welsh - 2006 - Semiotica 2006 (159):93-110.
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  24.  89
    Moral Grounds for Indigenous Hunting Rights.Makoto Usami - 2016 - Philosophy of Law in the Arctic.
    It is crucial for indigenous people living in the Arctic to harvest animals by hunting in a traditional manner, as is the case with such peoples in other parts of the world. Given the nutritional, economic, and cultural importance of hunting for aboriginal people, it seems reasonable to say that they have the moral right to hunt animals. On the other hand, non-aboriginal people are occasionally prohibited from hunting a particular species of animal in many societies. The question then (...)
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  25.  72
    Justice and Indigenous Land Rights.Susan Dodds - 1998 - Inquiry: An Interdisciplinary Journal of Philosophy 41 (2):187 – 205.
    Political theorists have begun to re-examine claims by indigenous peoples to lands which were expropriated in the course of sixteenth-eighteenth century European expansionism. In Australia, these issues have captured public attention as they emerged in two central High Court cases: Mabo (1992) and Wik (1996), which recognize pre-existing common law rights of native title held by indigenous people prior to European contact and, in some cases, continue to be held to the present day. The theoretical significance of (...)
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  26.  52
    Self-Determination Versus the Determination of Self: A Critical Reading of the Colonial Ethics Inherent to the United Nations Declaration on the Rights of Indigenous Peoples.Mark F. N. Franke - 2007 - Journal of Global Ethics 3 (3):359 – 379.
    The United Nations' (UN) adoption of a Declaration on the Rights of Indigenous Peoples is intended to mark a fundamental ethical turn in the relationships between indigenous peoples and the community of sovereign states. This moment is the result of decades of discussion and negotiation, largely revolving around states' discomfort with notion of indigenous self-determination. Member states of the UN have feared that an ethic of indigenous self-determination would undermine the principles of state sovereignty on (...)
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  27.  36
    An Autonomy-Based Justification for Intellectual Property Rights of Indigenous Communities.Anthony J. Stenson & Tim S. Gray - 1999 - Environmental Ethics 21 (2):177-190.
    The claim that indigenous communities are entitled to have intellectual property rights (IPRs) to both their plant varieties and their botanical knowledge has been put forward by writers who wish to protect the plant genetic resources of indigenous communities from uncompensated use by biotechnological transnational corporations. We argue that while it is necessary for indigenous communities to have suchrights, the entitlement argument is an unsatisfactory justification for them. A more convincing foundation for indigenous community IPRs (...)
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  28.  25
    Research Integrity and Rights of Indigenous Peoples: Appropriating Foucault's Critique of Knowledge/Power.Norman K. Swazo - 2005 - Studies in History and Philosophy of Science Part C 36 (3):568-584.
    In this paper I appropriate the philosophical critique of Michel Foucault as it applies to the engagement of Western science and indigenous peoples in the context of biomedical research. The science of population genetics, specifically as pursued in the Human Genome Diversity Project, is the obvious example to illustrate the contraposition of modern science and ‘indigenous science’, the tendency to depreciate and marginalize indigenous knowledge systems, and the subsumption of indigenous moral preferences in the juridical armature (...)
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  29.  17
    Civil Power and Natural Rights of the Indigenous Peoples of the New World according to Fray Alonso de la Veracruz.Manuel Méndez Alonzo - 2013 - Ideas Y Valores 62 (151):195-213.
    El presente trabajo investiga las tesis sobre el poder civil de Alonso de la Veracruz que buscan incorporar en la comunidad política española a los habitantes autóctonos del Nuevo Mundo, tesis que suelen relacionarse con F. de Vitoria y el tomismo español, y que últimamente son consideradas parte del republicanismo novohispano elaborado desde la periferia americana. Se busca demostrar que su propósito era aplicar una teoría de derechos naturales, sin que ello implique participación política de los indios americanos. Se analiza (...)
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  30. Valuing Local Knowledge Indigenous People and Intellectual Property Rights.Stephen B. Brush & Doreen Stabinsky - 1996
     
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  31.  23
    14 Self-Determination as a Basic Human Right: The Draft UN Declaration on the Rights of Indigenous Peoples.Cindy Holder - 2005 - In Avigail Eisenberg & Jeff Spinner-Halev (eds.), Minorities Within Minorities: Equality, Rights and Diversity. Cambridge University Press. pp. 294.
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  32. Gendered Intersections : Collective and Individual Rights in Indigenous Women's Experience.Shannon Speed - 2009 - In Mark Goodale (ed.), Human Rights: An Anthropological Reader. Wiley-Blackwell.
  33.  18
    The Imperative of Indigeneity: Indigenous Human Rights and Their Limits.Janne Mende - 2015 - Human Rights Review 16 (3):221-238.
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  34.  7
    Indigenous Peoples and Human Rights.Don Conway-Long - 2016 - Human Rights Review 17 (1):115-120.
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  35. Law In and As Culture: Intellectual Property, Minority Rights and the Rights of Indigenous Peoples by Caroline Joan “Kay” S. Picart.Kerri J. Malloy - 2018 - Human Rights Review 19 (3):413-414.
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  36. The Sociology of Indigenous People's Rights.Colin Samson & Damien Short - 2006 - In Lydia Morris (ed.), Rights: Sociological Perspectives. Routledge. pp. 168.
     
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  37.  7
    The Plight of Indigenous Peoples Within the Context of Conflict Mediation, Peace Talks and Human Rights in Mindanao, the Philippines.Sedfrey M. Candelaria - 2018 - Thesis Eleven 145 (1):28-37.
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  38.  48
    The Politics of Indigenous Identity: Neoliberalism, Cultural Rights, and the Mexican Zapatistas.Courtney Jung - 2003 - Social Research: An International Quarterly 70 (2):433-461.
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  39.  13
    Australian Aboriginal Property Rights as Issues of Indigenous Sovereignty and Citizenship.Barbara Ann Hocking & Barbara Joyce Hocking - 1999 - Ratio Juris 12 (2):196-225.
  40.  14
    Political Theory and the Rights of Indigenous Peoples.Catherine Frost - 2002 - Contemporary Political Theory 1 (2):239-241.
  41.  7
    Research Integrity and Rights of Indigenous Peoples: Appropriating Foucault’s Critique of Knowledge/Power.Norman K. Swazo - 2005 - Studies in History and Philosophy of Science Part C: Studies in History and Philosophy of Biological and Biomedical Sciences 36 (3):568-584.
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  42.  4
    European Conquest and the Rights of Indigenous Peoples: The Moral Backwardness of International Society.Cherry Bradshaw - 2004 - Contemporary Political Theory 3 (3):350-352.
  43.  4
    A Review of “Therapeutic Nations: Healing in an Age of Indigenous Human Rights”. [REVIEW]Emma Elliott - 2014 - Educational Studies: Journal of the American Educational Studies Association 50 (4):398-404.
  44.  16
    Indigenous Language Rights and Political Theory: The Case of Te Reo Māori.Roy W. Perrett - 2000 - Australasian Journal of Philosophy 78 (3):405 – 417.
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  45.  7
    David Lea , Property Rights, Indigenous People and the Developing World: Issues From Aboriginal Entitlement to Intellectual Ownership . Reviewed By.Thomas W. Simon - 2011 - Philosophy in Review 31 (1):49-53.
  46.  4
    John Chesterman and Brain Galligan, Citizens Without Rights: Aborigines and Australian Citizenship AND Nicolas Peterson and Will Sanders, Eds., Citizenship and Indigenous Australians: Changing Conceptions and Possibilities.J. T. Levy - 2000 - Australasian Journal of Philosophy 78 (3):418-420.
  47.  4
    Globalisation, Intellectual Property Rights and Indigenous Response.Indra Nath Mukherji - 2004 - In Partha N. Mukherji & Chandan Sengupta (eds.), Indigeneity and Universality in Social Science: A South Asian Response. Sage Publications.
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  48.  1
    P. Keal, Editor, European Conquest and the Rights of Indigenous Peoples: The Moral Backwardness of International Society, Cambridge University Press, Cambridge 258pp., £16.95 Pbk, £45.00 Hbk). [REVIEW]T. ChrisTov - 2007 - History of European Ideas 33 (3):374-376.
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  49.  68
    Who's Sorry Now? Government Apologies, Truth Commissions, and Indigenous Self-Determination in Australia, Canada, Guatemala, and Peru.Jeff Corntassel & Cindy Holder - 2008 - Human Rights Review 9 (4):465-489.
    Official apologies and truth commissions are increasingly utilized as mechanisms to address human rights abuses. Both are intended to transform inter-group relations by marking an end point to a history of wrongdoing and providing the means for political and social relations to move beyond that history. However, state-dominated reconciliation mechanisms are inherently problematic for indigenous communities. In this paper, we examine the use of apologies, and truth and reconciliation commissions in four countries with significant indigenous populations: Canada, (...)
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  50.  25
    Rights of Self-Delimiting Peoples: Protecting Those Who Want No Part of Us.Lantz Fleming Miller - 2013 - Human Rights Review 14 (1):31-51.
    While in recent years new charters and government actions have boosted the collective and individual rights enjoyed by “Fourth-World” indigenous peoples such as the Inuit, another set of indigenous peoples has not experienced such protection: “self-delimiting” peoples. Their rights go largely unprotected because of deliberate ambiguities in the word “indigenous”; because these peoples generally avoid all contact with the larger society, and so are unknown by it and have no voice in it; and because charters (...)
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