Por:
Luisa María Villa Yepes
|
Fecha:
2016
The discussion whether indigenous peoples have or have not determined collective and individual rights related to the environment, within international and regional instruments, will be addressed within the chapters of the thesis. Thus, here we will devote special attention to the right to a healthy environment, considering also if the paternalistic point of view that has been given to this minority is currently necessary.
Consequently, for reaching a final conclusion we will develop in a logical order the topic, starting from the root, which is the origin of the term indigenous and its scope, going through determinant historical events and how this will mark the current legal instruments and state practice around the world.
Afterwards, we will dedicate the second part to the explanation of the ancestral bound of peoples and their native lands, as well as how modern events, such as climate change, and not so modern events, such as the exploitation of natural resources and the building of mega projects are still affecting their territories.
Hence, we will explain how this vulnerability has to deal with the procedural and substantive rights, exposing for these purposes the different international instruments, which develop both collective and individual rights of peoples. Finally, we will bring selected cases regarding the developed topics.
