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

See all articles by Julio Faundez

Julio Faundez

University of Warwick - School of Law

Date Written: November 3, 2009

Abstract

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

Suggested Citation

Faundez, Julio, Access to Justice and Indigenous Communities in Latin America (November 3, 2009). MARGINALIZED COMMUNITIES AND ACCESS TO JUSTICE, Yash Ghai, Jill Cottrell, eds., London: Routledge, 2010 , Available at SSRN: https://ssrn.com/abstract=1499073

Julio Faundez (Contact Author)

University of Warwick - School of Law ( email )

Gibbet Hill Road
Coventry CV4 7AL, CV4 7AL
United Kingdom
00441926885917 (Phone)

HOME PAGE: http://www2.warwick.ac.uk/fac/soc/law/staff/academic/faundez

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