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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
This volume investigates the legal status, interpretation, and practical application of the United Nations Declaration on the Rights of Indigenous Peoples within the framework of international law. The authors, Jessie Hohmann and Marc Weller, provide a rigorous analysis of the Declaration's articles by examining their drafting history, the travaux préparatoires, and their interaction with existing international legal norms. The text serves as a systematic guide for understanding how these non-binding standards function to address human rights violations and combat systemic discrimination against indigenous populations.
What You Will Find
Scope Limits
Legal scholars and practitioners frequently cite this work as a foundational reference for interpreting the nuances of the Declaration. Experts note the high level of academic density, making it a primary resource for those engaged in international human rights advocacy and policy development.
Page Count:
652
Publication Date:
2018-01-01
Publisher:
OUP Oxford
ISBN-10:
0191653993
ISBN-13:
9780191653995
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