Minorities and Indigenous Flashcards
In what Conference were drafted several treaties to protect minorities?
Paris Peace Conference of 1919
In what article of the ICCPR are minorities explained?
Article 27
Give another declaration eg.
declaration on the rights of persons belonging to national or ethnic religious and linguistic minorities (1992)
what are other types of minorities?
gender
disability
sexual orientation
explain the rights of minorities
declaration on minority rights constitutes the guidelines for domestic law (constitutional and statutory) and its application (badinter commission)
explain exercising the rights of minorities
- in the case law there are discrepancies
Lovelace vs. Canada
Kitok vs. Sweden - usually exercised as individuals
explain Indigenous people rights
- 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
Explain the UN working group in the Indigenous population
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
explain the prior consultation right
free
prior
informed
(key in Indigenous rights) which is the correct destination for the use of the land