Minorities and Indigenous Flashcards

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1
Q

In what Conference were drafted several treaties to protect minorities?

A

Paris Peace Conference of 1919

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2
Q

In what article of the ICCPR are minorities explained?

A

Article 27

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3
Q

Give another declaration eg.

A

declaration on the rights of persons belonging to national or ethnic religious and linguistic minorities (1992)

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4
Q

what are other types of minorities?

A

gender
disability
sexual orientation

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5
Q

explain the rights of minorities

A

declaration on minority rights constitutes the guidelines for domestic law (constitutional and statutory) and its application (badinter commission)

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6
Q

explain exercising the rights of minorities

A
  • in the case law there are discrepancies
    Lovelace vs. Canada
    Kitok vs. Sweden
  • usually exercised as individuals
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7
Q

explain Indigenous people rights

A
  • priority in time (occupation and use of territory)
  • the voluntary perpetuation of cultural distinctiveness, which may include aspects of language, social organization, religion, and spiritual values, laws, and institutions
  • self-identification
  • experience of subjugation, marginalization, dispossession, exclusion,n or discrimination, whether or not these conditions persist
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8
Q

Explain the UN working group in the Indigenous population

A

The UN Declaration on the Rights of Indigenous Peoples
- has been extremely influential in domestic law
- the IACtHR has a rich tradition of ruling Indigenous rights cases
- most of the American jurisdictions have rulings involving Indigenous rights

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9
Q

explain the prior consultation right

A

free
prior
informed
(key in Indigenous rights) which is the correct destination for the use of the land

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