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Author: Claude Gélinas
Publisher: BRILL
ISBN: 9004524339
Category : Law
Languages : en
Pages : 346
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Book Description
What is the status of indigenous religious rights in the world today? Despite important legal advances in the protection of indigenous religious beliefs and practices at the international and national levels, there are still many obstacles to the full implementation of these provisions. Using a unique large-scale comparative approach, this book aims to identify the fundamental issues that characterize the law of indigenous religions in several countries, as well as certain avenues that may prove useful in state implementation of the provisions of the United Nations Declaration on the Rights of Indigenous Peoples regarding practice, promotion, transmission, protection, and access to spiritual heritage.
Author: Claude Gélinas
Publisher: BRILL
ISBN: 9004524339
Category : Law
Languages : en
Pages : 346
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Book Description
What is the status of indigenous religious rights in the world today? Despite important legal advances in the protection of indigenous religious beliefs and practices at the international and national levels, there are still many obstacles to the full implementation of these provisions. Using a unique large-scale comparative approach, this book aims to identify the fundamental issues that characterize the law of indigenous religions in several countries, as well as certain avenues that may prove useful in state implementation of the provisions of the United Nations Declaration on the Rights of Indigenous Peoples regarding practice, promotion, transmission, protection, and access to spiritual heritage.
Author: John Witte
Publisher: OUP USA
ISBN: 0199733449
Category : Political Science
Languages : en
Pages : 412
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Book Description
This volume examines the relationship between religion and human rights in seven major religious traditions, as well as key legal concepts, contemporary issues, and relationships among religion, state, and society in the areas of human rights and religious freedom.
Author: S. James Anaya
Publisher:
ISBN: 9780195173505
Category : Law
Languages : en
Pages : 414
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Book Description
In this thoroughly revised and updated edition of the first book-length treatment of the subject, S. James Anaya incorporates references to all the latest treaties and recent developments in the international law of indigenous peoples. Anaya demonstrates that, while historical trends in international law largely facilitated colonization of indigenous peoples and their lands, modern international law's human rights program has been modestly responsive to indigenous peoples' aspirations to survive as distinct communities in control of their own destinies. This book provides a theoretically grounded and practically oriented synthesis of the historical, contemporary and emerging international law related to indigenous peoples. It will be of great interest to scholars and lawyers in international law and human rights, as well as to those interested in the dynamics of indigenous and ethnic identity.
Author: Michael D. McNally
Publisher: Princeton University Press
ISBN: 0691190909
Category : History
Languages : en
Pages : 400
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Book Description
"In 2016, thousands of people travelled to North Dakota to camp out near the Standing Rock Sioux Reservation to protest the construction of an oil pipeline that is projected to cross underneath the Missouri River a half mile upstream from the Reservation. The Standing Rock Sioux consider the pipeline a threat to the region's clean water and to the Sioux's sacred sites (such as its ancient burial grounds). The encamped protests garnered front-page headlines and international attention, and the resolve of the protesters was made clear in a red banner that flew above the camp: "Defend the Sacred". What does it mean when Native communities and their allies make such claims? What is the history of such claim-making, and why has this rhetorical and legal strategy - based on appeals to religious freedom - failed to gain much traction in American courts? As Michael McNally recounts in this book, Native Americans have repeatedly been inspired to assert claims to sacred places, practices, objects, knowledge, and ancestral remains by appealing to the discourse of religious freedom. But such claims based on alleged violations of the First Amendment "free exercise of religion" clause of the US Constitution have met with little success in US courts, largely because Native American communal traditions have been difficult to capture by the modern Western category of "religion." In light of this poor track record Native communities have gone beyond religious freedom-based legal strategies in articulating their sacred claims: in (e.g.) the technocratic language of "cultural resource" under American environmental and historic preservation law; in terms of the limited sovereignty accorded to Native tribes under federal Indian law; and (increasingly) in the political language of "indigenous rights" according to international human rights law (especially in light of the 2007 U.N. Declaration of the Rights of Indigenous Peoples). And yet the language of religious freedom, which resonates powerfully in the US, continues to be deployed, propelling some remarkably useful legislative and administrative accommodations such as the 1990 Native American Graves Protection and Reparation Act. As McNally's book shows, native communities draw on the continued rhetorical power of religious freedom language to attain legislative and regulatory victories beyond the First Amendment"--
Author: Jessie Hohmann
Publisher: Oxford University Press
ISBN: 0191653993
Category : Law
Languages : en
Pages : 731
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Book Description
The rights of indigenous peoples under international law have seen significant change in recent years, as various international bodies have attempted to address the question of how best to protect and enforce their rights. The United Nations Declaration on the Rights of Indigenous Peoples is the strongest statement thus far by the international community on this issue. The Declaration was adopted by the United Nations on 13 September 2007, and sets out the individual and collective rights of indigenous peoples, as well as their rights to culture, identity, language, employment, health, education, and other issues. While it is not a legally binding instrument under international law, it represents the development of international legal norms designed to eliminate human rights violations against indigenous peoples, and to help them in combating discrimination and marginalisation. This comprehensive commentary on the Declaration analyses in detail both the substantive content of the Declaration and the position of the Declaration within existing international law. It considers the background to the text of every Article of the Declaration, including the travaux préparatoire, the relevant drafting history, and the context in which the provision came to be included in the Declaration. It sets out each provision's content, interpretation, its relationship with other principles of international law, and its legal status. It also discusses the significance and outlook for each of the rights analysed. The book assesses the practice of relevant regional and international bodies in enforcing the rights of indigenous peoples, providing an understanding of the practical application of the Declaration's principles. It is an indispensible resource for scholars, students, international organisations, and NGOs working on the rights of indigenous peoples
Author: Claire Charters
Publisher: International Work Group for Indigenous Affairs
ISBN:
Category : Law
Languages : en
Pages : 404
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Book Description
"The United Nations Declaration on the Rights of Indigenous Peoples is a culmination of a centuries-long struggle by indigenous peoples for justice. It is an important new addition to UN human rights instruments in that it promotes equality for the world's indigenous peoples and recognizes their collective rights."--Back cover.
Author: Elisa Novic
Publisher: Oxford University Press
ISBN: 0198787162
Category : History
Languages : en
Pages : 289
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Book Description
Cultural genocide is the systematic destruction of traditions, values, language, and other elements that make one group of people distinct from another.Cultural genocide remains a recurrent topic, appearing not only in the form of wide-ranging claims about the commission of cultural genocide in diverse contexts but also in the legal sphere, as exemplified by the discussions before the International Criminal Tribunal for the Former Yugoslavia and also the drafting of the UN Declaration on the Rights of Indigenous Peoples. These discussions have, however, displayed the lack of a uniform understanding of the concept of cultural genocide and thus of the role that international law is expected to fulfil in this regard. The Concept of Cultural Genocide: An International Law Perspective details how international law has approached the core idea underlying the concept of cultural genocide and how this framework can be strengthened and fostered. It traces developments from the early conceptualisation of cultural genocide to the contemporary question of its reparation. Through this journey, the book discusses the evolution of various branches of international law in relation to both cultural protection and cultural destruction in light of a number of legal cases in which either the concept of cultural genocide or the idea of cultural destruction has been discussed. Such cases include the destruction of cultural and religious heritage in Bosnia and Herzegovina, the forced removals of Aboriginal children in Australia and Canada, and the case law of the Inter-American Court of Human Rights in relation to Indigenous and tribal groups' cultural destruction.
Author: Newman, Dwight
Publisher: Edward Elgar Publishing
ISBN: 1788115791
Category : Law
Languages : en
Pages : 528
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Book Description
This ground-breaking Research Handbook provides a state-of-the-art discussion of the international law of Indigenous rights and how it has developed in recent decades. Drawing from their extensive knowledge of the topic, leading scholars provide strong general coverage and highlight the challenges and cutting-edge issues arising in international Indigenous rights law.
Author: Heiner Bielefeldt
Publisher: Oxford University Press
ISBN: 0198703988
Category : Law
Languages : en
Pages : 701
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Book Description
This commentary on freedom of religion or belief provides a comprehensive overview of the pressing issues of freedom of religion or belief from an international law perspective.
Author: Marie Battiste
Publisher: UBC Press
ISBN: 1895830575
Category : Social Science
Languages : en
Pages : 329
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Book Description
Whether in Canada, the United States, Australia, India, Peru, or Russia, the approximately 500 million Indigenous Peoples in the world have faced a similar fate at the hands of colonizing powers. Assaults on language and culture, commercialization of art, and use of plant knowledge in the development of medicine have taken place all without consent, acknowledgement, or benefit to these Indigenous groups worldwide. Battiste and Henderson passionately detail the devastation these assaults have wrought on Indigenous peoples, why current legal regimes are inadequate to protect Indigenous knowledge, and put forward ideas for reform. Looking at the issues from an international perspective, this book explores developments in various countries including Canada, the United States, Australia, New Zealand, and also the work of the United Nations and relevant international agreements.
