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Beyond Culture: Reimagining The Adjudication Of Indigenous Peoples' Rights In Internationa Law, Beatriz Garcia, Lucas Lixinski
Beyond Culture: Reimagining The Adjudication Of Indigenous Peoples' Rights In Internationa Law, Beatriz Garcia, Lucas Lixinski
Intercultural Human Rights Law Review
This article argues that the current model of Indigenous rights adjudication foregrounds essentialized notions of culture, backgrounding interests of Indigenous peoples (IPs) that are not necessarily related to culture. Culture imposes a burden that limits the possibilities of human rights for Indigenous peoples, which is at least in part attributable to the current model's lack of precision. We show that the jurisprudence on IP rights by international adjudicatory bodies focuses on culture without meaningful attempts to explain and define it, is imprecise on how culture affects the reading of the human right for which it serves as the basis, as …
Cultural, Morality, And The Law: The Treatment Of Homosexuals In Jamica, Donovan Mcfarlane
Cultural, Morality, And The Law: The Treatment Of Homosexuals In Jamica, Donovan Mcfarlane
Intercultural Human Rights Law Review
This paper presents the issue from the diverse contextualities including religion, natural law jurisprudence, culture and rule of law using the New Haven School of Jurisprudence methodology in dissecting the treatment of homosexuals in the island nation of Jamaica.