Indigenous Rights and International Human Rights Courts: Between Specificity and Circulation of Principles

Abstract

The paper aims at identifying emerging principles concerning the rights of indigenous populations, by comparing the case law of the European Court of Human Rights, the African Court of Human and Peoples' Rights and the Inter-American Court of Human Rights. The analysis focuses on the attitude showed by these courts with respect to procedural matters; the victim requirement; issues of representations of indigenous peoples; the idea of collective rights, with particular attention to the right to property. Beside the comparison of case-law, the analysis aims at underlying the dialogue and the circulation of principles taking place among international human rights courts, within the broader framework of fragmentation of international law.