scholarly journals An Aboriginal Perspective on Canada’s Human Rights “Culture”

2012 ◽  
Vol 4 (1) ◽  
Author(s):  
Krista McFadyen
Keyword(s):  
Human Rights ◽  
International Law ◽  
Indigenous Peoples ◽  
Aboriginal People ◽  
Political Identity ◽  
International Human Rights ◽  
Collective Rights ◽  
Governance Systems ◽  
International Human ◽  
Domestic Level

It was a profound achievement for Indigenous peoples to be recognized as peoples with associated rights under international law.  As active contributors in international human rights arenas, Indigenous people have weighed into debates on how to substantiate collective rights while complementing individual rights.  They assert a collective political identity that strives for rights to protect cultures, livelihoods, and governance systems.  However, these achievements at the international level may fall short in impacting lives at the domestic level.  This inquiry is based on a model of human rights socialization to consider whether Canadian attitudes and behaviours, as well as institutions and systems, promote human rights values and norms.  Despite seemingly progressive human rights legislation in Canada, the perceptions and experiences of select Aboriginal people suggest significant barriers to substantiating rights through current institutions and problematizes Canada’s rights “culture.”  

Defining ‘People’ and ‘Indigenous People’ in International Human Rights Law and Its Application in Indonesia

2019 ◽  
Vol 26 (3) ◽  
pp. 373-408
Author(s):  
M. Ya’kub Aiyub Kadir
Keyword(s):  
Human Rights ◽  
Natural Resources ◽  
International Law ◽  
Indigenous People ◽  
Indigenous Peoples ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
International Human ◽  
The Third World

This article investigates the problem of defining ‘people’ and ‘indigenous people’ under the International Human Rights Covenants and their application in the Indonesian context. Using analyses based on the Third World Approach to International Law (twail), this article shows the problems facing Indonesia in identifying indigenous peoples as traditional peoples, in terms of being isolated peoples (Masyarakat Hukum Adat, hereafter mha), and the non-isolated indigenous peoples who were sovereign before the independence of Indonesia. This interpretation has been confusing in relation to the entitlement to natural resources. Therefore, this article proposes a new understanding of indigenous peoples, in order to arrive at better treatment and recognition and in terms of sharing power and the benefits of natural resources in the Indonesian system.

scholarly journals Why Do National Court Judges Refer to Human Rights Treaties? A Comparative International Law Analysis of CEDAW

2015 ◽  
Vol 109 (3) ◽  
pp. 534-550 ◽  
Author(s):  
Christopher McCrudden
Keyword(s):  
Human Rights ◽  
International Law ◽  
National Court ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
Human Rights Treaties ◽  
Similarities And Differences ◽  
International Human ◽  
Domestic Level

Comparative international law promises to bring fresh attention to the similarities and differences in how international law is understood and approached at the domestic level. Comparative international human rights law applies this focus to similarities and differences in the ways that international human rights law is, for example, interpreted at the domestic level by courts.

The Protection of Minorities and Indigenous Peoples in International Law: A Comparative Temporal Analysis

2010 ◽  
Vol 17 (3) ◽  
pp. 393-422
Author(s):  
Joshua Castellino
Keyword(s):  
Human Rights ◽  
International Law ◽  
Indigenous Peoples ◽  
Minority Rights ◽  
Temporal Analysis ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
Human Rights Regime ◽  
International Human

AbstractIt is easy to detect a sense of achievement with the extent to which the human rights regime has progressed 60 years after the Universal Declaration of Human Rights. The relative international successes suggest a bright outlook for the future of the human rights regime. However, an important lacuna remains in the attention that ought to be paid to minorities, indigenous peoples and others in vulnerable situations, including in some instances, women. This paper argues that despite the creation of sophisticated systems of international human rights law, the regimes for the protection of minority rights were stronger before the United Nations (UN) era. In support of this argument it seeks to assess regimes that existed at three different times, attempting to extrapolate and analyse the snapshots presented by these through the lens of evolving human rights law.

29. International human rights

2019 ◽  
pp. 610-644
Author(s):  
James Crawford
Keyword(s):  
Human Rights ◽  
International Law ◽  
International Human Rights ◽  
Collective Rights ◽  
International Human ◽  
Human Rights Standards

This chapter outlines the emergence of human rights in the sphere of international law and organization, and discusses the sources of human rights standards, non-discrimination and collective rights, the scope of human rights standards, and the regional protection and enforcement of human rights.

Part II Group Identity, Self-Determination, and Relations with States, Ch.7 Equality and Non-Discrimination in the UNDRIP: Articles 2, 6, and 7(1)

2018 ◽  
Author(s):  
Gover Kirsty
Keyword(s):  
Human Rights ◽  
International Law ◽  
Indigenous Peoples ◽  
Self Determination ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
Full Spectrum ◽  
International Human ◽  
United Nations Declaration

This chapter analyses the rights to equality and non-discrimination in Articles 2, 6, and 7(1). The United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) covers the full spectrum of rights contained in international and regional instruments, adapted to the circumstances of indigenous peoples. Because the UNDRIP has an exceptionally wide substantive scope, debates about equality and non-discrimination were a central part of the negotiations leading to its adoption. Where provisions of the UNDRIP were thought to deviate from rights already expressed in international law, they were perceived in some states to compromise the fundamental principles of equality and non-discrimination that underpin existing human rights' instruments. In this way, the extensive discussions about equality and indigeneity that characterized the development of UNDRIP are also debates about the continuity and coherency of international human rights' law.

The Role of Domestic Courts in International Human Rights Law: The Constitutional Court of Colombia and Free, Prior and Informed Consent

2016 ◽  
Vol 23 (3) ◽  
pp. 355-381
Author(s):  
José Parra
Keyword(s):  
Human Rights ◽  
International Law ◽  
Indigenous Peoples ◽  
Soft Law ◽  
Constitutional Court ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
Domestic Courts ◽  
International Human

The internalization of international law by domestic courts is central to the effective implementation of international human rights law. This is particularly true for emerging rights rooted in soft law. In this regard, indigenous peoples’ rights have significantly expanded in international law over the past 20 years, essentially in the form of soft law. As a case study, the review of the jurisprudence of the Constitutional Court of Colombia illustrates ‘progressive’ interpretation of soft law, notably on free, prior and informed consent, which is enshrined in the United Nations Declaration on the Rights of Indigenous Peoples. Thus, domestic courts not only implement international human rights law, but they also foster its development.

The Legal Status of the United Nations Declaration on the Rights of Indigenous Peoples (2007) in Contemporary International Human Rights Law

2017 ◽  
Vol 6 (2) ◽  
pp. 242-261 ◽  
Author(s):  
Sylvanus Gbendazhi Barnabas
Keyword(s):  
Human Rights ◽  
United Nations ◽  
International Law ◽  
Indigenous Peoples ◽  
Legal Status ◽  
International Human Rights Law ◽  
International Human Rights ◽  
Customary International Law ◽  
International Human ◽  
United Nations Declaration

This article explores the legal status or effect of the United Nations Declaration on the Rights of Indigenous Peoples (undrip) in contemporary international human rights law. As a United Nations General Assembly (unga) resolution, the legal significance of undrip may appear uncertain on the surface. However, several unga resolutions do carry some legal weight with far-reaching legal implications in international law. For example, the Universal Declaration of Human Rights 1948 (udhr) has been widely accepted, at least in part, as forming part of customary international law. Through a critical examination of relevant literature and some decisions of international, regional and national courts, this article examines whether the undrip, in whole or in part, reflects customary international law. It also considers the relationship of the undrip with other international human rights instruments, and whether it should be applied as part of general principles of law on issues that are essential to indigenous peoples such as non-discrimination, self-identification, land rights and development.

Conceptions And Interpretations of Human Rights in Europe and Asia: Normative Aspects

2010 ◽  
Vol 1 (2) ◽  
pp. 117-135
Author(s):  
Bożena Drzewicka
Keyword(s):  
Human Rights ◽  
International Law ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
International Human Rights ◽  
The West ◽  
Human Rights Protection ◽  
Rights Protection ◽  
The World ◽  
International Human

Conceptions And Interpretations of Human Rights in Europe and Asia: Normative AspectsThe issue of confronting values between civilizations has become very important. It influences not only the level of international politics but also the international normative activity. It is very interesting for the modern international law and its doctrine. The most important factor of causing huge changes in the system of international law is still the international human rights protection and the international humanitarian law which is related to it. It is very difficult to create one catalogue of executive instruments and procedures but it is possible to influence the attitude toward the basic paradigms. The frictions appear from time to time and move to other planes. The West and Asia are still antagonists in the dialogue on the future of the world. The article is a contribution to the intercivilizational dialogue.

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