Abstract

http://ssrn.com/abstract=2045044
 
 

Footnotes (130)



 


 



Holy Water and Human Rights: Indigenous Peoples' Religious Rights Claims to Water Resources


Rhett Larson


Arizona State University (ASU) - Sandra Day O'Connor College of Law

April 23, 2011

Arizona Journal of Environmental Law & Policy, Vol. 2, p. 81, 2011

Abstract:     
Water, perhaps more than any other natural resource, has profound religious meaning: in ceremonial uses, as a spiritual symbol, and as an object of worship. The scarcity of legal scholarship regarding the nexus between religious rights and water law is therefore curious. This paper examines that nexus and its implications in the context of indigenous peoples and international law. The international human right to water has developed as an implicit right necessary to securing jurisprudentially underdeveloped positive rights explicitly provided for under international human rights covenants, such as the right to a standard of living, but can also be built upon the foundation of broadly accepted, jurisprudentially mature civil rights, like the freedom of religion. Grounding the human right to water on such a foundation has important implications for indigenous peoples’ religious-rights-based claims to water resources. The stability of such claims depends upon effective frameworks within which international tribunals can adjudicate such claims. Ultimately, this Article evaluates the development of the international human right to water, discusses the nexus of that right with religious rights in the context of indigenous peoples’ water-resource claims, and proposes frameworks for evaluating those claims. The formulation and interpretation of water law requires greater consideration of the cultural meaning of water to promote cooperation within the watershed and to protect natural and cultural resources.

Number of Pages in PDF File: 29

Keywords: water, religion, rights, indigenous

Accepted Paper Series





Download This Paper

Date posted: April 23, 2012 ; Last revised: June 14, 2013

Suggested Citation

Larson, Rhett, Holy Water and Human Rights: Indigenous Peoples' Religious Rights Claims to Water Resources (April 23, 2011). Arizona Journal of Environmental Law & Policy, Vol. 2, p. 81, 2011. Available at SSRN: http://ssrn.com/abstract=2045044

Contact Information

Rhett Larson (Contact Author)
Arizona State University (ASU) - Sandra Day O'Connor College of Law ( email )
Box 877906
Tempe, AZ 85287-7906
United States
Feedback to SSRN


Paper statistics
Abstract Views: 540
Downloads: 85
Download Rank: 178,097
Footnotes:  130

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo6 in 3.281 seconds