Human Rights, Indigenous Peoples, and the Pursuit of Justice

37 Pages Posted: 2 Jul 2016

See all articles by Jennifer Hendry

Jennifer Hendry

School of Law, University of Leeds

Melissa L. Tatum

University of Arizona - James E. Rogers College of Law

Date Written: June 30, 2016

Abstract

There are three major problems with the use of the rights-based approach to tackle issues of Indigenous justice:

1. It privileges (the worldview of) the dominant legal culture; 2. It artificially restricts the conversation about causes of and solutions to problems of Indigenous justice; and 3. It masks the inherent tension between human rights and legal pluralism.

We explore the first of these problems in Part I by examining what is meant by a “rights-based approach,” how those ideas came into being, and how they differ from Indigenous conceptions. We address the second problem in Part II, which examines six representative U.S. cases and the patterns that can be derived from those cases. In Part III we turn to the third issue, which we operationalize in order to begin building possible solutions to the problem and possible alternate approaches to achieving justice for Indigenous people.

Keywords: human rights, indigenous peoples, rights-based approach,legal culture, legal pluralism, indigenous alternatives

Suggested Citation

Hendry, Jennifer and Tatum, Melissa, Human Rights, Indigenous Peoples, and the Pursuit of Justice (June 30, 2016). 34 Yale Law & Policy Review 351 (2016); Arizona Legal Studies Discussion Paper No. 16-18. Available at SSRN: https://ssrn.com/abstract=2802857

Jennifer Hendry

School of Law, University of Leeds ( email )

Leeds LS2 9JT
United Kingdom

HOME PAGE: http://www.law.leeds.ac.uk/about/staff/hendry.php

Melissa Tatum (Contact Author)

University of Arizona - James E. Rogers College of Law ( email )

P.O. Box 210176
Tucson, AZ 85721-0176
United States

Register to save articles to
your library

Register

Paper statistics

Downloads
80
Abstract Views
582
rank
305,395
PlumX Metrics