TOWARDS A 'TRAGIC' UNDERSTANDING OF MULTICULTURAL CONFLICTS: COMPENSATION AGREEMENTS, DOMESTIC VIOLENCE AND INDIGENOUS OWN LAW

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Autor:
Carmona Caldera, Cristóbal
URI:
http://repositoriodigital.uct.cl/handle/10925/2723
Datos de publicación:
REVISTA CHILENA DE DERECHO,Vol.42,975-1001,2015
Temas:
Compensation agreements - Mapuche people - multicultural conflicts - tragic cases
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Resumen:
This paper analyzes the way of understanding the cases of approval and rejection of compensation agreements in matters of domestic violence, where both the victim and the accused belong to the Mapuche people, which have been resolved since 2011 by courts of the Araucania Region. It argues that the ways of understanding these cases by the courts and the doctrine has not been proper, since ithas focused on determine the exclusive primacy that one of the colliding rights would have over the other. Facing this issue, the article suggests that the best way to understand these multicultural conflicts, and the judicial decision pronounced on them, is considering the 'tragic' element present in these cases, which is configured from the recognition of the characteristics and importance of the principles in collision and the legal goods they protect.

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