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http://bura.brunel.ac.uk/handle/2438/9743
Title: | Normative Directions |
Authors: | Xanthaki, A |
Keywords: | Clusters of rights;Non-discrimination aspect;Indigenous people |
Issue Date: | 2014 |
Publisher: | Institute for the Study of Human Rights, Columbia university |
Citation: | Indigenous peoples' Access to Justice, Including Truth and Reconciliation Processes, 20: pp. 20 - 40, 2014 |
Abstract: | This paper argues that indigenous rights to access to justice relate to three big clusters of rights: a/ non-discrimination; b/ cultural rights; and c/ self-determination. Any attempt to view the issue of access to justice in relation only to one of these rights undermines their basis and thus, undermines them. The non-discrimination aspect ensures that indigenous people should be treated equally to non-indigenous people in their access to justice; the indigenous right to culture underlines the need for some deviation from the national practices in judicial matters and processes; while the principle of self-determination is the foundation for the establishment of separate judicial institutions for indigenous people that will be designed and implemented with their active participation. |
URI: | http://bura.brunel.ac.uk/handle/2438/9743 |
ISBN: | 978-0-615-96767-7 |
Appears in Collections: | Brunel Law School Research Papers |
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Fulltext.docx | 76.03 kB | Unknown | View/Open |
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