Results for 'indigenous rights'

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  1.  79
    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. 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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  3. The Indigenous Rights State.Benjamin Gregg - 2020 - Ratio Juris 33 (1):98-116.
  4.  22
    Placing Indigenous Rights to Self-Determination in an Ecological Context.Barbara Ann Hocking - 2002 - Ratio Juris 15 (2):159-185.
    In this paper the author focuses on Australian land management and in particular on the environmental management issues that could have been prompted by the High Court recognition in 1996 (in Wik Peoples v. The State of Queensland) that native title to land and pastoral leaseholdings can co‐exist. Drawing on themes of self‐determination and co‐existence, the paper looks at more specific topics such as aboriginal title to land—what has been called land rights or native title in Australia—and some implications (...)
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  5.  36
    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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  6. 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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  7.  24
    Differences in African Indigenous Rights Messaging in International Advocacy Coalitions.Maia Hallward & Jonathan Taylor Downs - 2022 - Human Rights Review 23 (2):183-204.
    International Indigenous rights coalitions increasingly involve Indigenous and non-Indigenous civil society organizations with diverse backgrounds and interests. As these organizations more frequently interact and partner with one another, what issues are being emphasized in their advocacy efforts? This study utilizes content analysis of 60 Indigenous rights organizations’ websites, as well as interviews of several leaders and staff, to explore whether African Indigenous organizations emphasize different aspects of Indigenous rights in their messaging (...)
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  8. Indigenous rights and intrastate multijuridicalism.Dwight Newman - 2020 - In Paul Schiff Berman (ed.), The Oxford handbook of global legal pluralism. New York, NY: Oxford University Press.
     
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  9. 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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  10. 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.  15
    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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  12.  15
    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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  13. Cosmopolitan right, indigenous peoples, and the risks of cultural interaction.Timothy Waligore - 2009 - Public Reason 1 (1):27-56.
    Kant limits cosmopolitan right to a universal right of hospitality, condemning European imperial practices towards indigenous peoples, while allowing a right to visit foreign countries for the purpose of offering to engage in commerce. I argue that attempts by contemporary theorists such as Jeremy Waldron to expand and update Kant’s juridical category of cosmopolitan right would blunt or erase Kant’s own anti-colonial doctrine. Waldron’s use of Kant’s category of cosmopolitan right to criticize contemporary identity politics relies on premises that (...)
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  14. Political geography : sovereignty, indigenous rights, and governance in an island context.Cadey Korson - 2020 - In Weronika A. Kusek & Nicholas Wise (eds.), Human geography and professional mobility: international experiences, critical reflections, practical insights. Abingdon, Oxon ; New York, NY: Routledge/Taylor & Francis Group.
  15.  58
    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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  16.  13
    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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  17.  5
    Citizens of their World: Australian Feminism and Indigenous Rights in the International Context, 1920s and 1930s.Fiona Paisley - 1998 - Feminist Review 58 (1):66-84.
    Inter-war Australia saw the emergence of a feminist campaign for indigenous rights. Led by women activists who were members of various key Australian women's organizations affiliated with the British Commonwealth League, this campaign proposed a revitalized White Australia as a progressive force towards improving ‘world’ race relations. Drawing upon League of Nations conventions and the increasing role for the Dominions within the British Commonwealth, these women claimed to speak on behalf of Australian Aborigines in asserting their right to (...)
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  18. Teaching for understanding: 'human rights in Australia - indigenous rights and freedoms'.Mevlana Adil - 2011 - Ethos: Social Education Victoria 19 (4):11.
  19. 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. Sterling, Va.: Pluto Press. pp. 70--110.
  20. Indigenous Peoples and Multicultural Citizenship: Bridging the Gap Between Collective and Individual Rights.Cindy Holder & Jeff Corntassel - 2002 - Human Rights Quarterly 1 (24 126-151):126-151.
    In what follows we present group rights as portrayed in contemporary theoretical debates; compare this portrayal with some of the claims actually advanced by various indigenous groups throughout the world; and give reasons for preferring the practical to the theoretical treatments. Our findings suggest that liberal-individualist and corporatist accounts of group rights actually agree on the kind of importance that group interests have for persons and on what it is that groups who claim rights are concerned (...)
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  21. Looking forward : intergenerational justice in the context of indigenous rights in Canada.Amyn Lalji - 2019 - In Thomas Cottier, Shaheeza Lalani & Clarence Siziba (eds.), Intergenerational equity: environmental and cultural concerns. Boston: Brill Nijhoff.
  22.  66
    Why indigenous land rights have not been superseded – a critical application of Waldron’s theory of supersession.Kerstin Reibold - 2022 - Critical Review of International Social and Political Philosophy 25 (4):480-495.
    Jeremy Waldron introduced the notion of rights supersession into the philosophical discussion about restitutive justice in cases of historic injustices. He refers to land claims by indigenous peoples as a real-world example and as an application of his theory of rights supersession. He implies that the changes that have taken place in settler states since the first years of colonialism are the kind of changes that lead to a supersession of land rights. The article proposes to (...)
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  23. Can naturalistic theories of human rights accommodate the indigenous right to self-determination?Kerstin Reibold - 2017 - In Reidar Maliks & Johan Karlsson Schaffer (eds.), Moral and Political Conceptions of Human Rights: Implications for Theory and Practice. New York: Cambridge University Press.
     
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  24. 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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  25.  16
    Indigenous health ethics: an appeal to human rights.Deborah Zion, Linda Briskman & Alireza Bagheri (eds.) - 2020 - New Jersey: World Scientific.
    This book examines the intersections of bioethics, human rights and health equity. It does so through the contextual lenses of nation states while presenting global themes on rights, colonialism and bioethics. The book is framed by the following propositions on indigenous health: it is a human rights issue; it is located within the politics of colonization; and subjugated indigenous knowledges require restoring.
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  26.  17
    Group Rights, Gender Justice, and Women’s Self-Help Groups: Exit, Voice, and Loyalty in an Indigenous Community in India.Naila Kabeer, Nivedita Narain, Varnica Arora & Vinitika Lal - 2023 - Social Philosophy and Policy 40 (1):103-128.
    This essay addresses tensions within political philosophy between group rights, which allow historically marginalized communities some self-governance in determining its own rules and norms, and the rights of marginalized subgroups, such as women, within these communities. Community norms frequently uphold patriarchal structures that define women as inferior to men, assign them a subordinate status within the community, and cut them off from the individual rights enjoyed by women in other sections of society. As feminists point out, the (...)
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  27.  13
    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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  28.  21
    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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  29.  16
    Indigenous Women’s Political Participation: Gendered Labor and Collective Rights Paradigms in Mexico.Holly Worthen - 2015 - Gender and Society 29 (6):914-936.
    In Latin America, rights to local political participation in many indigenous communities are not simply granted, but rather “earned” through acts of labor for the community. This is the case in the state of Oaxaca, Mexico, where almost three-fourths of municipalities elect municipal authorities through custom and tradition rather than secret ballot and universal suffrage. The alarmingly low rate of women’s formal participation in these municipalities has garnered attention from policymakers, provoking a series of legislative reforms designed to (...)
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  30.  61
    “The Right to Self-determination”: Right and Laws Between Means of Oppression and Means of Liberation in the Discourse of the Indigenous Movement of Ecuador.Philipp Altmann - 2016 - International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 29 (1):121-134.
    The 1970s and 1980s meant an ethnic politicization of the indigenous movement in Ecuador, until this moment defined largely as a class-based movement of indigenous peasants. The indigenous organizations started to conceptualize indigenous peoples as nationalities with their own economic, social, cultural and legal structures and therefore with the right to autonomy and self-determination. Based on this conceptualization, the movement developed demands for a pluralist reform of state and society in order to install a plurinational state (...)
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  31.  18
    Valuing Local Knowledge: Indigenous People And Intellectual Property Rights.Doreen Stabinsky & Stephen B. Brush (eds.) - 1996 - Island Press.
    Currently the focus of a heated debate among indigenous peoples, human rights advocates, crop breeders, pharmaceutical companies, conservationists, social scientists, and lawyers, the proposal would allow impoverished people in biologically rich areas to realize an economic return from resources under their care. Monetary compensation could both validate their knowledge and provide them with an equitable reward for sharing it, thereby compensating biological stewardship and encouraging conservation.
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  32. Relentless Assimilationist Indigenous Policy: From Invasion of Group Rights to Genocide in Mercy’s Clothing.Lantz Fleming Miller - 2016 - Indigenous Policy Journal (3).
    Despite the United Nations Declaration of the Rights of Indigenous Peoples, assimilationist policies continue, whether official or effective. Such policies affect more than the right to group choice. The concern is whether indeed genocide or “only” ethnocide (or culturecide)—the elimination of a traditional culture—is at work. Discussions of the distinction between the two terms have been inconsistent enough that at least one commentator has declared that they cannot be used in analytical contexts. While these terms, I contend, have (...)
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  33. 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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  34.  59
    The Imperative of Indigeneity: Indigenous Human Rights and their Limits.Janne Mende - 2015 - Human Rights Review 16 (3):221-238.
    The legal and normative openness of human rights allows for the integration of new subjects, arenas, violators, and protectors of human rights. Indigenous movements manage to use this flexibility and implement their claims within the human rights system. Yet, indigenous rights cause manifold discussions and ambiguities, all of which are related to the question of the concept of indigeneity. In spite of the endeavor for pragmatic and flexible approaches, scopes and implications of concepts of (...)
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  35. Crime against Dalits and Indigenous Peoples as an International Human Rights Issue.Desh Raj Sirswal - 2015 - In Manoj Kumar (ed.), Proceedings of National Seminar on Human Rights of Marginalised Groups: Understanding and Rethinking Strategies. pp. 214-225.
    In India, Dalits faced a centuries-old caste-based discrimination and nowadays indigenous people too are getting a threat from so called developed society. We can define these crimes with the term ‘atrocity’ means an extremely wicked or cruel act, typically one involving physical violence or injury. Caste-related violence has occurred and occurs in India in various forms. Though the Constitution of India has laid down certain safeguards to ensure welfare, protection and development, there is gross violation of their rights (...)
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  36.  57
    Political Theory and the Rights of Indigenous Peoples.Duncan Ivison, Paul Patton & Will Sanders (eds.) - 2000 - Cambridge, UK: Cambridge University Press.
    This challenging book focuses on the problem of justice for indigenous peoples – in philosophical, legal, cultural and political contexts – and the ways in which this problem poses key questions for political theory. It includes chapters by leading political theorists and indigenous scholars from Australia, Aotearoa/New Zealand, Canada and the United States. One of the strengths of this book is the manner in which it shows how the different historical circumstances of colonisation in these countries raise common (...)
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  37.  63
    Epistemic Injustice and Indigenous Peoples in the Inter-American Human Rights System.Dina Lupin Townsend & Leo Townsend - 2021 - Social Epistemology 35 (2):147-159.
    In this paper we examine the epistemic treatment of Indigenous peoples by the Inter-American Court and Commission on Human Rights, two institutions that have sought to affirm the rights of Indigeno...
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  38. Indigenous peoples as the subject of human rights.Danielle Celermajer & Michael Dodson - 2020 - In Danielle Celermajer & Alexandre Lefebvre (eds.), The subject of human rights. Stanford, California: Stanford University Press.
     
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  39.  76
    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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  40. 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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  41. Rights of indigenous people in Russian Federation within un declaration and national legislation.Anastasiia Kraskovska - 2016 - In Giuseppe Limone (ed.), Ars boni et aequi: il diritto fra scienza, arte, equità e tecnica. Milano: F. Angeli.
     
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  42.  34
    Against Self-Isolation as a Human Right of Indigenous Peoples in Latin America.Benjamin Gregg - 2019 - Human Rights Review 20 (3):313-333.
    Advocacy of an indigenous right to isolation in the Latin American context responds to multiple depredations, above all to plundering by extractivists. Two prominent international instruments declare a human right to indigenous self-isolation and articulate a principle of no contact between indigenous peoples and the non-indigenous majority population: Indigenous Peoples in Voluntary Isolation and Initial Contact in the Americas and Guidelines on the Protection of Indigenous Peoples. In analyzing both, I argue against the notion (...)
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  43.  28
    Indigenous Peoples' Participation in Global Conservation: Looking beyond Headdresses and Face Paint.Nels Paulson, Ann Laudati, Amity Doolittle, Meredith Welch-Devine & Pablo Pena - 2012 - Environmental Values 21 (3):255-276.
    This article explores the meaning of inclusive participation in global conservation decision-making processes. It draws on data collected in collaborative ethnographic research of the latest World Conservation Congress (WCC) held in 2008 in Barcelona, Spain. We argue that despite a discernible shift towards the incorporation of indigenous rights and indigenous peoples' representatives within the conservation equation, many challenges to full participation still exist for both indigenous peoples and other local resource users who may be affected by (...)
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  44.  17
    Indigenous Peoples and Human Rights.Don Conway-Long - 2016 - Human Rights Review 17 (1):115-120.
  45. 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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  46. Culture as an Activity and Human Right: An Important Advance for Indigenous Peoples and International Law.Cindy Holder - 2008 - Alternatives 33:7-28.
    Historically, culture has been treated as an object in international documents. One consequence of this is that cultural rights in international law have been understood as rights of access and consumption. Recently, an alternative conception of culture, and of what cultural rights protect, has emerged from international documents treating indigenous peoples. Within these documents culture is treated as an activity rather than a good. This activity is ascribed to peoples as well as persons, and protecting the (...)
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  47.  26
    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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  48.  28
    Australian Aboriginal Property Rights as Issues of Indigenous Sovereignty and Citizenship.Barbara Ann Hocking & Barbara Joyce Hocking - 1999 - Ratio Juris 12 (2):196-225.
    Aboriginal Australians have traditionally enjoyed little protection from the law. The matter of land has been at the heart of white settler/Aboriginal relations since the nation was first founded. It is only recently that recognition has been given to the land rights of Australian indigenous people. This recognition was finally made at the property law level in 1992 through the High Court decision in Mabo v. Queensland (n. 2) ([1992] 175 CLR 1). The 1993 High Court decision in (...)
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  49.  35
    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.
    Conventional wisdom suggests that promoting self-determination for peoples and protecting the human rights of individuals are competing priorities. By this is meant that securing individuals in their human rights requires limits on the rights of their peoples, and vice versa. In contrast, the Draft UN Declaration on the Rights of Indigenous Peoples (the Draft Declaration) treats the two as not only mutually supporting but mutually necessary. In the Draft Declaration, the right of peoples to self-determination (...)
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  50.  5
    Libre determinación y consulta como bases de los derechos fundamentales de los pueblos indígenas en la jurisprudencia del Sistema Interamericano de Derechos Humanos = Free determination and consultation as a basis of the fundamental rights of the indigenous peoples in the jurisprudence of the Inter-American Human Rights System.Enrique Francisco Pasillas Pineda - 2018 - UNIVERSITAS Revista de Filosofía Derecho y Política 29:2-31.
    RESUMEN: El presente trabajo propone un análisis de los Derechos Fundamentales de los pueblos indígenas a la luz de los principios internacionales de Libre Determinación y Consulta Previa, como fundantes y presupuestos de los demás Derechos Indígenas. En consecuencia, se analiza el Derecho a la Consulta, que debe ser previa, libre, informada, de buena fe, culturalmente adecuada y con el propósito de obtener el consentimiento; donde todas éstas características son el estándar mínimo a cumplir en cualquier proyecto de desarrollo o (...)
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