Jurisprudential Developments and Adjudication of Indigenous Peoples’ Rights

What is it about?

The Inter-American Court of Human Rights, the highest human rights tribunal in the Americas, has recognised the right to communal property of indigenous peoples over their traditional lands, territories and natural resources. The Court’s judgments have provided the possibility to millions indigenous peoples across the continent to demand legal protection of the right to property but also to their own cultural traditions and world views. _x000D_ The interpretation of human rights laws made by the Inter-American Court has further expanded the protection of indigenous peoples’ communal property to guarantee their right to cultural identity and to a dignified life, that is, to live in accordance with their own cultural traditions and understanding of dignity. In addition, because the right to communal property could be subjected to legal restriction by state authorities, the Court has also identified specific safeguards against unjustified restrictions or limitations on the enjoyment of the right to property by indigenous peoples. _x000D_ This paper critically analyses the legal regime applicable for the protection of the right to traditional communal property of indigenous and tribal peoples in the Americas, as developed by the Inter-American Court of Human Rights. In particular, it pays special attention to the methods of interpretation applied by the regional tribunal and the manner that has used international human rights law for protecting and guaranteeing the rights of indigenous peoples._x000D_

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