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Download Indigenous Rights and United Nations Standards by Alexandra Xanthaki PDF

By Alexandra Xanthaki

The talk on indigenous rights has published a few critical problems for present overseas legislations, posed generally through varied understandings of vital thoughts. This ebook explores the level to which indigenous claims, as recorded within the United countries boards, will be accommodated via foreign legislation. by means of doing so, it additionally highlights how the indigenous debate has stretched the contours and finally advanced foreign human rights criteria. The ebook first displays at the overseas legislations responses to the theoretical arguments on cultural club. After a complete research of the prevailing tools on indigenous rights, the dialogue turns to self-determination. various perspectives are assessed and a clean point of view at the correct to self-determination is printed. finally, the writer refuses to shrink back from tricky questions and demanding matters and provides a finished dialogue of indigenous rights and their contribution to overseas legislation.

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16 This entails a neutral state that enforces only basic individual rights. 20 Thus, states must ignore group differences, because the recognition of collective rights would mean that the state would take a position and would create a hierarchy. In essence then, the traditional liberal approach suggests that individual rights must be promoted within an essentially neutral and non-virtue promoting state for two reasons: first, because individual rights have a positive effect on the persons’ welfare or utility;21 and second, because individual rights solely protect the autonomy22 and self-authorship23 of individuals.

29. ‘Indigenous Peoples and Minorities: Reflections on Definitions and Description’, Paper commissioned by Minority Rights Group from P. Thornberry, submitted to the 1996 session of the WGIP, 9. 30. See ‘Comments by the Aboriginal and Torres Strait Islander Commission concerning a Definition of Indigenous Peoples in Information Received from Indigenous Peoples’ Organisations’, UN Doc. 1, 1. 31. Thornberry, Indigenous Peoples, pp. 33–60. 32. This was discussed and adopted in the second session of the WGIP.

M. Dodson, ‘Comment’ in S. Pritchard, ‘Working Group on Indigenous Populations: Mandate, Standard-Setting Activities and Future Perspectives’ INTRODUCTION 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 11 in Indigenous Peoples, the United Nations and Human Rights (London: Zed Books, 1998), pp. 40–64 at 62. ‘Establishing a Working Group to Elaborate a Draft United Nations Declaration on the Rights of Indigenous Peoples’ (March 1995), Commission on Human Rights, Report on the 51st Session, UN Doc.

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