Exploring the connection between indigenous peoples’ human rights and international environmental law

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URI:
http://repositoriodigital.uct.cl/handle/10925/2014
Facultad:
Facultad de Ciencias Jurídicas
Fecha de publicación:
2019-10-02
Datos de publicación:
Revista Chilena de Derecho y Ciencia Política, Vol. 9, N°2, 92-153, 2018
Temas:
Indigenous peoples - International environmental law - Human rights - Inter-American court of Human Rights
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Resumen:
The paper reviews whether Indigenous Peoples’ worldview has directly influenced or not the decisions made by the Inter-American Court of Human Rights related exclusively to their human and environmental rights. In the first section of the investigation, it is described the main aspects to take into consideration regarding Indigenous Peoples and international law; i.e. conceptualization of the term Indigenous Peoples, its evolution in international law, and their core rights. Then, the text will deal with the relationship between Human Rights Law and International Environmental Law, through the discussion of how human rights have been included in the context of international environmental law. Afterwards, the study will explore the close bond that exists between indigenous peoples and the environment, by relating to the different conceptions of its features according to them. Finally, the paper will analyse the decisions taken by the Inter-American Court of Human Rights in cases related to indigenous peoples’ environmental issues. The conclusion will lead to determine the contribution of human rights and international environmental law to solve indigenous peoples’controversies and vice versa

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