The Indigenous Peoples’ Right to Lands and Natural Resources in the Inter-American Human Rights System: Preserving Cultural Identity while Ensuring Development
| Autor: | Citroni , Gabriella |
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| Rok vydání: | 2020 |
| DOI: | 10.13134/978-88-32136-92-0/4 |
| Popis: | The Inter-American Commission on Human Rights and the Inter-American Court of Human Rights have developed an especially progressive jurisprudence on indigenous peoples’ rights. In particular, they have recognised the special tie existing between indigenous communities and their ancestral lands and natural resources contained therein as the source of their distinct cultural identity. Thus, ensuring the rights to property, possession, enjoyment and exploitation of ancestral lands and natural resources is pivotal to guaranteeing the physical and cultural survival of the indigenous peoples concerned. However, the preservation of cultural identity and traditional values of indigenous peoples through the protection of their right to lands and natural resources often clashes with state or private companies’ projects and development activities. The chapter illustrates the Inter-American jurisprudence with special attention to the use of precautionary and provisional measures and the design of adequate measures of reparation in cases concerning indigenous peoples’ right to lands and natural resources. The Inherent Rights of Indigenous Peoples in International Law |
| Databáze: | OpenAIRE |
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