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Indigenous Peoples and Human Rights, by Patrick Thornberry
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This book is the first full-length study of the rights of indigenous peoples, and looks at the historical, cultural, and legal background to the position of indigenous peoples in a range of different cultures, including America, Africa and Australia.
The book defines who and what indigenous peoples actually are, and looks at their position in the light of the development of international law. It then looks at their legal position, and their economic, social and cultural rights in respect of various laws and conventions passed on a national and international scale throughout the world.
Among the global and regional legal instruments considered in the book are The International Covenant on Civil and Political Rights, the UN Convention on the Rights of the Child, the Racial Discrimination Convention, The African Charter on Human and Peoples Rights, the UN Draft Declaration in Indigenous Peoples and The Proposed American Declaration on the Rights of Indigenous Peoples.
The development of human rights legislation and principles as a central tenet of international law has been of considerable benefit to indigenous peoples, although the language of human rights does not always suit indigenous societies, and sets apparent limits to the kind of social practices embraced. This is still a vitally important issue and the emotional subject of reciprocity still needs to be handled sensitively.
- Sales Rank: #6595270 in Books
- Published on: 2002-08-01
- Binding: Hardcover
- 500 pages
Review
"Both publisher and author are to be congratulated on this monumental work." -- Journal of Ethnic & Migration Studies
"Indigenous People and Human Rights should serve as an authoritative reference tool for legal scholars engaged in judicial reviews." -- British Review of New Zealand Studies
About the Author
Patrick Thornberry has extensive experience in teaching international law, Human Rights and Philosophy of Law. Author of International Law and the Rights of Minorities (Oxford University Press: 1990); and Minorities and Human Rights Law (Minority Rights Group: 1987 and 1991) as well as numerous articles in the field of international law and human rights. He has participated in drafting international instruments at the UN Human Rights Commission and is a recognized expert on Rights of Minorities at the Council of Europe and the United Nations.
Most helpful customer reviews
1 of 1 people found the following review helpful.
A masterpiece for indigenous rights under human rights international instruments
By Rafael
This book is a "must read" for anyone interested or researching international law and indigenous peoples.
Thornberry, a member of the Committee on the Elimination of Discrimination (CERD), examines indigenous peoples rights in international human rights treaties and in the practice of the treaty bodies.
He also analyses the (then draft) International Declaration on Indigenous Peoples Rights as well the ILO Conventions (the author qualifies those Conventions as human rights international instruments. However, there are many doubts about that).
The four stars rating are just for one reason: the author should update this book. If it is already quite useful being written around 2003, without the approval of the Declaration and the strong jurisprudence made by the Interamerican Court on Human Rights, the African Comission and the new Poma-Poma v. Peru case by the Committee on Human Rights, imagine if it were updated...
Although technical, I enjoyed reading this book a lot. Good for both begginers on the subject as well as specialists.
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