scholarly journals Bioethics, culture and infanticide in Brazilian indigenous communities: the Zuruahá case

2010 ◽  
Vol 26 (5) ◽  
pp. 853-865 ◽  
Author(s):  
Saulo Ferreira Feitosa ◽  
Volnei Garrafa ◽  
Gabriele Cornelli ◽  
Carla Tardivo ◽  
Samuel José de Carvalho
Keyword(s):  
Indigenous Peoples ◽  
Indigenous Communities ◽  
Moral Dilemmas ◽  
Cultural Pluralism ◽  
Public Hearing ◽  
Traditional Practices ◽  
Ethical Problems ◽  
Or Groups ◽  
The Subject ◽  
National Congress

This article analyzes the practice of infanticide in indigenous communities in Brazil. Taking as a reference point a specific case involving two children of the Zuruahá people, it takes a broader look at the issue and discusses how infanticide is understood among other indigenous peoples. A debate focusing specifically on this topic that took place during a public hearing held in the Brazilian National Congress in December 2005 has also been taken into consideration in this discussion. In view of the positions adopted as a result of the hearing, this paper seeks to identify the ethical problems and moral dilemmas relating to the subject, by putting them into context and analyzing them in the light of respect for cultural pluralism. Seeking to contribute to the debate, the authors analyze the possibilities for intervention in the traditional practices of infanticide, while rejecting those positions that are not anchored in an attitude of profound respect for other people's cultures or that do not create conditions for dialogue between individuals or groups with different moralities.

scholarly journals Heroes, Tricksters, Monsters, and Caretakers: Indigenous Law and Legal Education

2016 ◽  
Vol 61 (4) ◽  
pp. 795-846 ◽  
Author(s):  
John Borrows
Keyword(s):  
Indigenous Peoples ◽  
Indigenous Communities ◽  
Law School ◽  
Law Schools ◽  
Indigenous Law ◽  
Legal Traditions ◽  
Canadian Law ◽  
Challenges And Opportunities ◽  
The Subject ◽  
Law Professors

Teaching Indigenous peoples’ own law in Canadian law schools presents significant challenges and opportunities. Materials can be organized in conventional or innovative ways. This article explores how law professors and others might best teach Indigenous peoples’ law. Questions canvassed include: whether Indigenous peoples’ law should primarily be taught in Indigenous communities, whether such law should even be taught in law schools, whether it is possible to categorize Indigenous peoples’ law or teach it in English, and whether it is possible to theorize Indigenous peoples’ law within a single framework or organize the subject within common law categories. While this article suggests that Indigenous peoples’ law can be discussed in numerous ways, including within conventional law school frameworks, it emphasizes that such law is best taught in other ways. Indigenous legal traditions should be organized in accordance with Indigenous frameworks. Some of these frameworks include Heroes, Tricksters, Monsters, and Caretakers. Using these Anishinaabe law examples, this article stresses how the teaching of Indigenous peoples’ law should be done in culturally appropriate ways that open rather than confine fields of inquiry within Indigenous law and practice.

Tribal Constitutionalism

2010 ◽  
Author(s):  
Gover Kirsty
Keyword(s):  
Political Theory ◽  
Indigenous Peoples ◽  
Demographic Data ◽  
Indigenous Communities ◽  
The United States ◽  
Cultural Pluralism ◽  
Legal Doctrine ◽  
First Order ◽  
Settler Societies ◽  
Theoretical Import

In settler societies, tribal self-governance creates a legal distinction between indigeneity (defined by settler governments) and tribal membership (defined by tribes). Many legally indigenous persons are not tribal members, and some tribal members are not legally indigenous. This book considers the membership rules included in the constitutions and membership codes of nearly 750 recognized tribes in Canada, New Zealand, Australia, and the United States. It addresses the first-order question of tribal constitutionalism: who are the members of tribes, and how are they chosen? The question is of practical and theoretical import. A large proportion of indigenous peoples in each state are not enrolled in a recognized tribe, and the majority of indigenous peoples do not live near their tribal territories. The book's empirical study challenges many of the assumptions used to model tribalism in theories of cultural pluralism, especially those that depict tribes as distinctively insular, ascriptive, and territorially-confined. The book shows that while they are descent-based groups, tribes also self-constitute relationally, by enrolling non-descendants in accordance with cultural and social criteria, and by recruiting from other indigenous communities. The book draws on tribal law and practice, political theory, legal doctrine, policy, and demographic data to critically assess the strategies used by tribes and states to manage the jurisdictional and ideological challenges of tribal membership governance.

ABOUT THE PLACE AND ROLE OF ETHICS IN TOURISM

2018 ◽  
Vol 49 ◽  
pp. 11-30
Author(s):  
Marek Kazimierczak
Keyword(s):  
Comparative Method ◽  
Moral Dilemmas ◽  
Ethical Reflection ◽  
Ethical Problems ◽  
Text Interpretation ◽  
Analysis And Synthesis ◽  
The Subject ◽  
Historical Comparative ◽  
Practical Implications

Purpose. The aim of the article is to deepen the philosophical and ethical reflection on the phenomenon of modern tourism which forms the opportunity to determine the objective scope regarding ethics of practical tourism, its tasks and goals. Method. In addition to the classical methods based on analysis and synthesis of research material, the author applies elements of the historical-comparative method, as well as the hermeneutic method for text interpretation. Findings. As it turns out, in the subject-related literature, there is no extensive theory of tourism ethics that could fill the clear gap appearing in the studies on the axiological nature of relationships and relations in tourism. In this article, the author tries to show that it is not possible to separate ethics from the issue of development in general and the development of tourism in particular. Research and conclusions limitations. Ethical reflection on a post-modern tourism has revealed a number of barriers and limitations faced by ethical behavior in the sphere of tourism, especially when talking about the possibility of self-realisation or self-realisation through participation in tourist travels. Practical implications. In-depth understanding of the ethical problems concerning modern tourism can favor behaviors going beyond everyday tourist practices. Originality. The article is an attempt at synthetic summary of the most important issues and moral dilemmas faced by a contemporary tourism. Type of paper. The article constitutes a review, in which theoretical and historical themes interlace with empirical examples concretising the theses put forward.

scholarly journals Te Hokinga Mai O Ngā Tūpuna: Māori Perspectives of Repatriation and the Scientific Research of Ancestral Remains.

2021 ◽  
Author(s):  
◽  
Amber Aranui
Keyword(s):  
Indigenous Peoples ◽  
Cultural Beliefs ◽  
Scientific Research ◽  
Human Remains ◽  
Indigenous Communities ◽  
Medical Institutions ◽  
The World ◽  
The Subject ◽  
Indigenous Perspective ◽  
Descendant Communities

<p>The repatriation of human remains has been the subject of much discussion and debate, especially since the 1990s. Since then, there has been a marked increase in the international literature relating to museums, indigenous peoples and repatriation; however, this literature is mainly written from the perspective of museums and universities. Although there has been some publication of the views on repatriation of indigenous communities there is a conspicuous absence of Māori perspectives in this literature. In particular, there is a lack of Māori voice on the repatriation of ancestral remains, as well as a lack of commentary on the so-called scientific research on ancestral remains that has taken place, and continues to take place, in universities, museums, and medical institutions around the world. This lack of indigenous perspective in the repatriation literature has resulted in mainstream assumptions about why indigenous communities, such as Māori, have been so active in repatriation activities over the last 25 years. The assumptions have tended to view the motives of indigenous peoples as politically motivated and even go as far as describing them as “activist” in nature rather than motivated by cultural beliefs and imperatives. This perceived view, as well as the views of many writers in the scientific and museum professions who do not agree with the repatriation of human remains back to origin communities because of their “loss to science” and therefore humankind, has prompted hotly contested debates concerning these issues. These contested views lead inevitably to the question of consent and whether the taking of skeletal remains from burial contexts to carry out ‘scientific’ research without consent is deemed ethical by today’s standards.  The primary aim of this thesis is to document Māori perspectives on the repatriation of ancestral human remains and to understand the significance of Māori ancestral human remains for descendant communities. A secondary aim is to review some of the scientific research which has been carried out on Māori ancestral remains, and to identify the benefits, if any, of that research for descendant communities.</p>

scholarly journals Forest Land Tenure Rights on Indigenous Peoples in Honitetu Village West Seram District, Maluku

2018 ◽  
Vol 6 (3) ◽  
pp. 91
Author(s):  
Marthina Tjoa ◽  
Didik Suharjito ◽  
Hariadi Kartodiharjo ◽  
Endriatmo Soetarto
Keyword(s):  
Indigenous Peoples ◽  
Land Tenure ◽  
Indigenous Communities ◽  
Research Approach ◽  
Forest Land ◽  
Participatory Action ◽  
Group Discussions ◽  
The Subject ◽  
And Control ◽  
Land Tenure Systems

Forest land tenure systems for indigenous peoples are always debated by various parties regarding the overlapping interests and rights of forest land. Objective of this study is to analyze the types of indigenous peoples' rights to strengthen forest land tenure systems in Honitetu Village, West Seram Regency. The research approach used is Participatory Action Research by building constructs of meaning between researchers and society repeatedly to obtain an understanding of the information discussed. Data were obtained through key informant interviews and focus group discussions conducted repeatedly. The analysis was carried out at each stage of the interview and discussion by making categorization of data to get an understanding of each data obtained. The results of study show that the system of forest land tenure in indigenous communities in Honite village includes control by the whole community (petuanan), control by clan groups (soa) and control by individuals (families). In these three systems, various types of rights are attached to managing and utilizing forest resources. The set of rights contained in indigenous peoples will be even stronger if it includes the linkage of longtime dimensions, the dimensions of space for the use of vertical or horizontal space, the dimensions of the subject with fixed ownership and the dimensions of the object include the results of forest land that provides full benefits.Key words: forest land tenure rights, indigenous people, forest management

scholarly journals Identification And Analysis Of The Rights Of Indigenous Peoples In The Study Of Constitutional Law

2016 ◽  
Vol 2 (1) ◽  
pp. 001
Author(s):  
I Gede Yusa
Keyword(s):  
Indigenous Peoples ◽  
Indigenous Communities ◽  
The State ◽  
State Laws ◽  
Health And Human Rights ◽  
Customary Rights ◽  
The Subject ◽  
Un General Assembly ◽  
The Republic ◽  
The Given

The Resolution of the UN General Assembly in 2000 has mandated to discuss indigenous issues related to economic and social development, culture, environment, education, health and human rights. In national law, the recognition of the existence of traditional people with customary rights can be found in Article 18 B paragraph (2) and Article 28  paragraph  (3) of  the Constitution of the Republic of Indonesia of 1945. This study discusses the rights that grow and thrive in indigenous communities in Bali which are associated with the life of society and state. Also the responsiveness or recognition of Indonesia to the presence of the state constitution means the rights of indigenous peoples has grown and developed  in Bali and empowerment efforts  need to be done for   the rights of indigenous peoples has grown and developed in Bali to be able to be a force in the life of society and state. Studies on the identification of the rights of the traditional lifestyle that are recognized in the community as well  as prospective empowered in the state of life in Indonesia can be classified as a normative legal research conducted on the relevant legal materials. Legal materials and supporting information that has been gathered up with regard to research on the identification and analysis of the rights of traditional communities in Indonesian Studies State Laws (A Study of Traditional Balinese Community) Firstly the description  and  interpretation  was  carried  out,  or  interpretation of the normative propositions found to be further systematized in accordance with discussion on the subject matter of this study. The results of this analysis are three techniques to evaluate and analyze its content according to the given arguments and conclusions of law to get a top issue in this study. States have  an obligation to give recognition to indigenous peoples based on the constitution. Responsiveness or the constitutional recognition of the existence of  the rights  of indigenous peoples has grown and developed in Bali are envisaged in the constitution, namely Article 18B  paragraph  (2) and  Article 28  paragraph  (3)  of the Constitution of the Republic of Indonesia of 1945. The constitutional mandate must be obeyed by state officials to regulate the recognition and respect for indigenous peoples in some form of legislation. While the empowerment of local people has been recognized by constitution, yet much remain to be done. The rights of indigenous peoples which has grown and developed in Bali should be legally enforced in the life of society and state.

scholarly journals Te Hokinga Mai O Ngā Tūpuna: Māori Perspectives of Repatriation and the Scientific Research of Ancestral Remains.

2021 ◽  
Author(s):  
◽  
Amber Aranui
Keyword(s):  
Indigenous Peoples ◽  
Cultural Beliefs ◽  
Scientific Research ◽  
Human Remains ◽  
Indigenous Communities ◽  
Medical Institutions ◽  
The World ◽  
The Subject ◽  
Indigenous Perspective ◽  
Descendant Communities

<p>The repatriation of human remains has been the subject of much discussion and debate, especially since the 1990s. Since then, there has been a marked increase in the international literature relating to museums, indigenous peoples and repatriation; however, this literature is mainly written from the perspective of museums and universities. Although there has been some publication of the views on repatriation of indigenous communities there is a conspicuous absence of Māori perspectives in this literature. In particular, there is a lack of Māori voice on the repatriation of ancestral remains, as well as a lack of commentary on the so-called scientific research on ancestral remains that has taken place, and continues to take place, in universities, museums, and medical institutions around the world. This lack of indigenous perspective in the repatriation literature has resulted in mainstream assumptions about why indigenous communities, such as Māori, have been so active in repatriation activities over the last 25 years. The assumptions have tended to view the motives of indigenous peoples as politically motivated and even go as far as describing them as “activist” in nature rather than motivated by cultural beliefs and imperatives. This perceived view, as well as the views of many writers in the scientific and museum professions who do not agree with the repatriation of human remains back to origin communities because of their “loss to science” and therefore humankind, has prompted hotly contested debates concerning these issues. These contested views lead inevitably to the question of consent and whether the taking of skeletal remains from burial contexts to carry out ‘scientific’ research without consent is deemed ethical by today’s standards.  The primary aim of this thesis is to document Māori perspectives on the repatriation of ancestral human remains and to understand the significance of Māori ancestral human remains for descendant communities. A secondary aim is to review some of the scientific research which has been carried out on Māori ancestral remains, and to identify the benefits, if any, of that research for descendant communities.</p>

INTEGRATED METHODOLOGY FOR TAKING INTO ACCOUNT THE VIEWS AND OPINONSOF INDIGENOUS PEOPLES IN THEIR INTERACTION WITH PUBLIC AUTHORITIES (ON THE EXAMPLE OF THE YAMAL-NENETS AUTONOMOUS DISTRICT)

2020 ◽  
Vol 6 (2) ◽  
pp. 124-147
Author(s):  
Elena F. GLADUN ◽  
Gennady F. DETTER ◽  
Olga V. ZAKHAROVA ◽  
Sergei M. ZUEV ◽  
Lyubov G. VOZELOVA
Keyword(s):  
Indigenous Peoples ◽  
Citizen Participation ◽  
Indigenous Communities ◽  
The Arctic ◽  
Legal Issue ◽  
Public Authorities ◽  
Autonomous District ◽  
Integrated Methodology ◽  
The World ◽  
Nenets Autonomous

Developing democracy institutions and citizen participation in state affairs, the world community focuses on postcolonial studies, which allow us to identify new perspectives, set new priorities in various areas, in law and public administration among others. In Arctic countries, postcolonial discourse has an impact on the methodology of research related to indigenous issues, and this makes possible to understand specific picture of the world and ideas about what is happening in the world. Moreover, the traditions of Russian state and governance are specific and interaction between indigenous peoples and public authorities should be studied with a special research methodology which would reflect the peculiarities of domestic public law and aimed at solving legal issue and enrich public policy. The objective of the paper is to present a new integrated methodology that includes a system of philosophical, anthropological, socio-psychological methods, as well as methods of comparative analysis and scenario development methods to involve peripheral communities into decision-making process of planning the socio-economic development in one of Russia’s Arctic regions — the Yamal-Nenets Autonomous District and to justify and further legislatively consolidate the optimal forms of interaction between public authorities and indigenous communities of the North. In 2020, the Arctic Research Center conducted a sociological survey in the Shuryshkararea of the Yamal-Nenets Autonomous District, which seems to limit existing approaches to identifying public opinion about prospects for developing villages and organizing life of their residents. Our proposed methodology for taking into account the views of indigenous peoples can help to overcome the identified limitations.

THE THE INDIGENOUS IDENTITY INTERPRETED AS A CATEGORY OF ANALYSIS IN POPULATION STUDIES

2017 ◽  
Vol 6 (Especial) ◽  
pp. 105
Author(s):  
Dante Choque-Caseres
Keyword(s):  
Indigenous Peoples ◽  
Methodological Approach ◽  
Indigenous Communities ◽  
Social Contexts ◽  
Indigenous Identity ◽  
Critical Thought ◽  
Northern Border ◽  
The Social ◽  
The Government ◽  
New Research

In Latin America, based on the recognition of Indigenous Peoples, the identification of gaps or disparities between the Indigenous and non-Indigenous population has emerged as a new research interest. To this end, capturing Indigenous identity is key to conducting certain analyses. However, the social contexts where the identity of Indigenous persons are (re)produced has been significantly altered. These changes are generated by the assimilation or integration of Indigenous communities into dominant national cultures. Within this context, limitations emerge in the use of this category, since Indigenous identity has a political and legal component related to the needs of the government. Therefore, critical thought on the use of Indigenous identity is necessary in an epistemological and methodological approach to research. This article argues that research about Indigenous Peoples should evaluate how Indigenous identity is included, for it is socially co-produced through the interaction of the State and its institutions. Thus, it would not necessarily constitute an explicative variable. By analyzing the discourse about Aymara Indigenous communities that has emerged in the northern border of Chile, this paper seeks to expose the logic used to define identity. Therefore, I conclude that the process of self-identification arises in supposed Indigenous people, built and/or reinforced by institutions, which should be reviewed from a decolonizing perspective and included in comparative research.

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