| 1. |
|
|
| 2. |
|
|
| 3. |
|
|
| 4. |
|
|
| 5. |
|
|
| 6. |
|
|
| 7. |
- Fuentes, Alejandro, et al.
(author)
-
Indigenous peoples land rights: A culturally sensitive strategy for poverty eradication and sustainable development
- 2021
-
In: Research Handbook on Human Rights and Poverty. - : Edward Elgar Publishing. - 9781788977517 - 9781788977500 ; , s. 323-336
-
Book chapter (peer-reviewed)abstract
- In Latin-America -as in most parts of the world- indigenous peoples are ‘the poorest of the poor, and the most excluded of the excluded’. Poverty goes hand in hand with their situation of vulnerability, exclusion and disempowerment. How can this situation be changed? How to find adequate frameworks able to facilitate the overturn of their structural disenfranchisement? Departing from the jurisprudence developed by the Inter-American Court of Human Rights (IACrtHR), this paper argues that the recognition of indigenous peoples’ right to collective property over their traditional lands and natural resources constitutes the most adequate strategy for poverty reduction that takes into consideration their own cultural distinctiveness. In fact, indigenous peoples’ special connection with their lands and territories is essential for both their material and cultural survival. Without access to their lands and natural resources, indigenous peoples are not only condemned to structural poverty conditions but they are also deprived of the necessary conditions for a life in dignity, that is, a life that takes into consideration their own world’s views and cultural understandings. In other words, in the case of indigenous peoples, the recognition and effective realization of their land rights constitutes the most effective strategy for reducing and ending their structural condition of poverty but also for guaranteeing their societal inclusion and cultural empowerment. Finally yet importantly, the effective recognition of indigenous peoples’ land rights could also be understood as a culturally sensitive approach to the realization of the UN 2030 Agenda and the achievement of Sustainable Development Goal 1 (End poverty in all its forms everywhere) that takes into consideration and respects their cultural diversity
|
|
| 8. |
|
|
| 9. |
|
|
| 10. |
- Kjaerum, Morten, et al.
(author)
-
'Administrating human rights': : the experience of the EU's Fundamental Rights Agancy
- 2017
-
In: Research Handbook on EU Administrative Law. - 978 1 78471 067 5 ; , s. 113-136
-
Book chapter (peer-reviewed)abstract
- There are obvious and essential links between human rights (often referred to as fundamental rights in the internal EU context) and administrative action – also at the level of the EU. Administrative law may negatively interfere with human rights positions. At the same time good administration is in itself an entitlement guaranteed by human rights as most prominently evidenced by Article 41 of the EU’s Charter of Fundamental Rights (ECFR). The relevance of administrative law has not always been that visible in EU law. Arguably, it was also under the influence of the ECFR that initiatives were taken towards a ‘Law of Administrative Procedure of the European Union’ that would bring together existing rules and principles that are scattered across a wide variety of sources. But, when thinking of the human rights profile of the EU, is ‘administration’ the first branch of government that comes to mind? Or is it rather the judiciary adjudicating on human rights conflicts or the legislature drafting rights-relevant legislation? Most probably, this depends on the perspective of the observer and without any doubt all three branches of government are crucial for the respect, protection and promotion of human rights. Still, remaining in an EU context, for decades only the Court was designing the EU’s human rights commitment. The legislature came in far later, adopting in the 1980s, for instance, legislation in the field of data protectionor at the beginning of the last decade, the equality directives.
|
|
