Full Description
Elgar Advanced Introductions are stimulating and thoughtful introductions to major fields in the social sciences, business and law, expertly written by the world's leading scholars. Designed to be accessible yet rigorous, they offer concise and lucid surveys of the substantive and policy issues associated with discrete subject areas.
In this vital Advanced Introduction, Dinah Shelton and Federico Guzman Duque examine the human rights of indigenous peoples and communities under current international law. Setting out a historical overview of the legal treatment of native populations from the colonial period to the present, the authors deftly analyse frameworks of institutions monitoring indigenous human rights, theoretical issues relating to these, access to justice and reparations, and special considerations afforded to specific indigenous communities.
Key Features:
Surveyance of the jurisprudence of all major regional human rights systems, including UN-Charter based and UN-treaty bodies
Analysis of indigenous rights case law adopted by international bodies, with emphasis on leading and ground-breaking rulings
Special focus on less-understood emerging aspects of the law, including the situation of hunter-gatherers and pastoralists, the nuances of territorial rights, and the impacts of violence and armed conflict upon indigenous existences
Providing a panoramic view of a complex and rapidly evolving subject, this Advanced Introduction will prove a crucial read for legal practitioners and public officials, as well as indigenous leaders and human rights defenders. It will also appeal to students, scholars and researchers of human rights law, and law and society.
Contents
Contents:
1 Introduction to Indigenous Human Rights
2 Historical overview
3 Sources of law
4 Institutions
5 Questions of definition and conceptual delimitation
6 Collective and individual indigenous rights
7 The rights guaranteed (part 1)
8 The rights guaranteed (part 2)
9 Access to justice and reparations
10 The right to a safe and healthy environment
11 Selected problems
