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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.
ISBN: 978-0-615-96767-7
Appears in Collections:Dept of Politics, History and Law Research Papers

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