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Indigenous Peoples and Human Rights: International and Regional Jurisprudence

Autor Dr Ben Saul
en Limba Engleză Paperback – 30 iun 2016
Indigenous Peoples and Human Rights explores how general human rights standards have enabled, empowered and constrained indigenous peoples in claiming and defending their essential economic, social, cultural, civil and political interests. The book examines the jurisprudence of United Nations treaty committees and regional human rights bodies (in Africa, the Americas and Europe) that have interpreted and applied human rights standards to the special circumstances and experiences of indigenous peoples. It focuses particularly on how human rights laws since the 1960s have been drawn upon by indigenous activists and victims to protect their interests in ancestral lands, natural resources, culture and language. It further explores the right to indigenous self-determination; civil and political rights; economic, social and cultural rights (including labour rights); family and children's rights; violence and discrimination against indigenous peoples; and access to justice and remedies for violations. The book also discusses international and regional efforts to define who is 'indigenous' and who is a 'minority', and the legal relationship between indigenous individuals and their communities. The jurisprudence considered in this book significantly shaped the UN Declaration on the Rights of Indigenous Peoples 2007, which particularises and adapts general human rights standards for indigenous peoples. The book concludes by exploring future normative and implementation challenges in the light of the standard setting and consolidation, and political momentum, surrounding the UN Declaration and associated UN human rights mechanisms.
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Specificații

ISBN-13: 9781901362404
ISBN-10: 190136240X
Pagini: 248
Dimensiuni: 171 x 244 x 20 mm
Greutate: 0.45 kg
Editura: Bloomsbury Publishing
Colecția Hart Publishing
Locul publicării:London, United Kingdom

Caracteristici

The authors draw on the colonial and post-colonial experiences of Indigenous peoples across Australasia, America and Canada, Africa, the Middle East and Europe.

Notă biografică

Ben Saul is Professor of International Law at the University of Sydney.

Cuprins

Introduction: Indigenous Peoples and Human Rights: Institutions and Influences UN Treaty Committee Jurisprudence Regional Jurisprudence Background Influences on International and Regional Jurisprudence 1. Identifying 'Indigenous' Peoples in International Law International Labour Organization Approaches United Nations Approaches Regional Approaches Conclusion2. The United Nations Human Rights Committee and Indigenous Peoples Right to Self-Determination (ICCPR, Article 1) Right to Take Part in Cultural Life (ICCPR, Article 27) Other Civil and Political Rights Conclusion3. Other UN Human Rights Treaty Bodies and Indigenous Peoples UN Committee on Economic, Social and Cultural Rights UN Committee on the Elimination of Racial Discrimination UN Committee on the Elimination of Discrimination Against Women UN Committee on the Rights of the Child UN Committee Against Torture Conclusion4. Regional Human Rights Systems: Indigenous Property Rights in Land and Natural Resources Indigenous Rights in Property: Land and Natural Resources Inter-American Commission on Human Rights Inter-American Court of Human Rights African System: African Commission on Human and Peoples' Rights Conclusion5. Regional Human Rights Systems: Indigenous Cultural, Socio-economic and Physical Integrity Rights Cultural Rights in Regional Jurisprudence Socio-economic Rights Violence and Excessive Law Enforcement Against Indigenous Peoples Indigenous Peoples in the European Human Rights Systems ConclusionConclusion: Future Normative and Implementation Challenges

Recenzii

Saul's book provides a valuable insight into the international and regional human rights jurisprudence on Indigenous peoples. It is written in a clear and accessible style and is comprehensive in its coverage. Saul's international law expertise is evident. This would be an ideal book to prescribe for any law subject that looks at the human rights of Indigenous peoples, and for those interested in how the UN and various regional human rights institutions have operated in practice. It is . the only [book] which focuses specifically on the jurisprudence, and in that regard it is a valuable addition to any library, personal or otherwise.
An impressive and seminal work of outstanding scholarship, Indigenous Peoples and Human Rights: International and Regional Jurisprudence is unreservedly recommended for academic library Indigenous Studies collection in general, and Human Rights Law, International Law, and Comparative Law supplemental studies reading lists in particular.
Ben Saul's Indigenous Peoples and Human Rights is a worthy piece of scholarly craftsmanship...Saul's contribution with this work is certainly significant and welcome.
Scholars interested in UNDRIP and complications surrounding legal definitions of Indigeneity and setting standards for Indigenous rights would benefit greatly from a close read of Saul's case studies. Through cases from both international and regional levels, Saul demonstrates that human rights law provides one avenue through which Indigenous peoples may seek justice.
[T]horoughly meticulously researched, and substantiated. Saul ... has examined a wide number of cases at the international level, as well as within the Inter-American and African human rights system. This examination of international and regional human rights jurisprudence is the strongest and most useful aspect of his book.

Descriere

This book provides a comprehensive examination of the treatment of Indigenous peoples in international law and from a comparative law perspective. While scholarly in approach, it can also be used as a textbook for university students, and therefore covers a broad range of topics relevant to the study of Indigenous People and International Law.