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Full-Text Articles in Human Rights Law
Denial Of Justice: The Latest Indigenous Land Disputes Before The European Court Of Human Rights And The Need For An Expansive Interpretation Of Protocol 1, Giovanna E. Gismondi
Denial Of Justice: The Latest Indigenous Land Disputes Before The European Court Of Human Rights And The Need For An Expansive Interpretation Of Protocol 1, Giovanna E. Gismondi
Giovanna E. Gismondi
In its three latest decisions on indigenous land rights, the European Court of Human Rights (ECtHR) has afforded scant protection to indigenous peoples. Through an analysis of each case in terms of substantive and procedural law, this Article evaluates the challenges indigenous peoples face when pursuing their claims before the Court. I argue that the European Court's narrow interpretation of the "right to peaceful enjoyment of possessions" codified in Protocol 1 (Article 1) of the European Convention on Human Rights (ECHR) has failed to consider the importance of collective lands in securing the cultural survival of indigenous peoples, their economic …
Reburying An Injustice: Indigenous Human Remains In Museums And The Evolving Obligations To Return Remains To Indigenous Groups, Alex Bernick
Alex Bernick
No abstract provided.
South Dakota: Making Dollars And Sense Of Indian Child Removal, Rachael Whitaker
South Dakota: Making Dollars And Sense Of Indian Child Removal, Rachael Whitaker
Rachael Whitaker
South Dakota- Making Dollars and Sense of Indian Child Removal By: Rachael Whitaker In 2004, a South Dakota Governor’s Commission report adamantly denied claims that the state’s Department of Social Services (DSS) is “harvesting Indian children as a cash crop” and “runs nothing more than a state sponsored kidnapping program.” National Public Radio (NPR) broke a story in 2011, claiming South Dakota removed Indian children for profit. Since NPR’s report, the state has remained tight-lipped, advocates have threatened litigation, and Congress has asked for answers. South Dakota has a small population and economy, and it receives almost half of its …
The Inter-American System And The Protection Of Indigenous Peoples’ Rights (Spanish)., Giovanna E. Gismondi
The Inter-American System And The Protection Of Indigenous Peoples’ Rights (Spanish)., Giovanna E. Gismondi
Giovanna E. Gismondi
The present article underscore the role of the Inter-American Commission and the Inter-American Court of Human Rights in regards to the protection of the rights of indigenous communities, including their right to lands, natural resources and a healthy environment. In this regard, the intervention of the human rights organs of the Organization of American States (OAS), has had a positive impact on the laws and policies of Latin American countries towards the protection of indigenous peoples' rights. The article discusses four cases that set the standards of the legal protection of indigenous communities within the Inter-American System for the protection …