The UNDRIP and the legal significance of the right of indigenous peoples to self-determination : a human rights approach with a multidimensional perspective
| Autor: | Dorothée Cambou |
|---|---|
| Přispěvatelé: | Area and Cultural Studies, Helsinki Inequality Initiative (INEQ), Helsinki Institute of Sustainability Science (HELSUS), Department of Cultures, Department of Public Law |
| Jazyk: | angličtina |
| Rok vydání: | 2019 |
| Předmět: |
Sociology and Political Science
Human rights 050204 development studies media_common.quotation_subject 05 social sciences Perspective (graphical) 050301 education Declaration on the Rights of Indigenous Peoples self-determination 16. Peace & justice Indigenous Self-determination 5142 Social policy Law Political science 0502 economics and business UN Declaration on the rights of indigenous peoples 10. No inequality 0503 education media_common indigenous peoples |
| Zdroj: | The United Nations Declaration on the Rights of Indigenous Peoples ISBN: 9781003035770 Vrije Universiteit Brussel |
| Popis: | Ten years have passed since the adoption of the UN Declaration on the Rights of Indigenous Peoples (UNDRIP) and the recognition of the right of indigenous peoples to self-determination. The declaration provides the first universal instrument to recognise and elaborate on the content of the right to self-determination for indigenous peoples. Yet, the adoption of the declaration has not solved all controversies and the implementation of the right to self-determination remains a contentious issue in practice. In this regard, the purpose of this article is to describe and analyse the legal significance of the right of indigenous peoples to self-determination as enshrined in the UNDRIP. Since the declaration emphasises the principle of territorial integrity of sovereign states, this analysis essentially focuses on the examination of what it means to claim self-determination beyond any claims for independence. In this analysis, the study argues that self-determination is based on a democratic model of self-determination that is grounded in human rights law and which calls both for the autonomy and the participation of indigenous peoples in decision-making processes that affect them. This model of self-determination is also multidimensional is so far as it includes a political, a resource and external dimensions. Ultimately, this study evidences that beyond the question of its implementation, the UNDRIP opens the pathway to significantly bolster the democratic understanding of self-determination in a manner that contributes to developing modern international law on the question of self-determination and strengten the human rights of indigenous peoples. |
| Databáze: | OpenAIRE |
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