Access to Justice and Indigenous Communities in Latin America
MARGINALIZED COMMUNITIES AND ACCESS TO JUSTICE, Yash Ghai, Jill Cottrell, eds., London: Routledge, 2010
25 Pages Posted: 4 Nov 2009
Date Written: November 3, 2009
The objective of this paper is twofold: to highlight the small, but significantly positive impact of new constitutional norms introduced by several Latin America countries on the legal and political status of indigenous communities; and, to identify the persistent and formidable obstacles that indigenous communities continue to face in their attempts to secure full and effective recognition and respect of their individual and collective rights. The paper is structured around two main themes: the right of indigenous peoples to their ancestral land and the right of indigenous communities to administer justice applying their own normative and cultural standards.
Keywords: legal pluralism, Latin America, indigenous peoples, law and development, constitutional courts, human rights, Inter-American System
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