Reconciling Indigenous Peoples’ Individual and Collective Rights : Participation, Prior Consultation and Self-Determination in Latin America (Hardcover)

Table of Figures Acknowledgements Chapter I: Introduction Chapter II: Setting up a Reconciliatory Framework: Reflections on Individual, Group-Based and Indigenous Collective Rights Encounters 2.1 Third Wayers and Terminologies: Bridging the Individual versus Collective Rights Divide or Third Categories as Distractions? 2.2 Dichotomies, Incommensurability or Constructed Demarcations? 2.3 Pre-conditionalism and its Impacts on Reconciling the Frameworks 2.4 Dual Standing and other Technicalities 2.5 Towards a Third Perspective within the Framework(s) 2.5.1 Absolute Individual Rights Claims in the Indigenous Collective Framework 2.5.2 Individual Entitlements in Absolute Indigenous Collective Regimes 2.5.3 Non-Derogation Claims in Non-Derogation Frameworks: Absoluteness in Individual and Collective Indigenous Claims 2.6 Conclusions: Third Perspective, Absoluteness and ‘Shared Spheres’ Chapter III: Indigenous Peoples’ Individual and Collective Rights to Participation in International Human Rights Law 3.1 Participatory Rights and their Codification in Indigenous Rights Regimes 3.1.1 The "Participation Model" of the Expert Mechanism on the Rights of Indigenous Peoples 3.1.2 Indigenous Peoples’ Participatory Rights Regime as Shaped by the Special Rapporteur 3.1.3 The Permanent Forum on Indigenous Issues and its Influence on Indigenous Rights Jurisprudence 3.2 Indigenous Participation in the Inter-American Human Rights System 3.2.1 The IACtHR and its Evolutionary Interpretation of Indigenous Participatory Rights 3.2.2 The IACHR and its View on Participation 3.3 Conflicting Intersectionalities? Individual Members’ Participatory Rights in Decision-Making 3.3.1 Third Perspective Applied: Absolute Claims in Individual and Collective Frameworks 3.3.2 Inter-American Jurisprudence and their Third Perspective 3.3.3 African Human Rights Developments and the Third Perspective 3.3.4 The European Human Rights System and the Third Perspective 3.3.5 3rd Perspective Inspirations from Regional Minority Rights Frameworks: from Individual Rights to Subgroups 3.4 Concluding Remarks * Chapter IV: Associating Women’s and Indigenous Collective Decision-Making Processes: Frameworks of Exclusion? 4.1 Exploring Indigenous Concepts as to Women’s Rights vis-a-vis Indigenous Collectives 4.1.1 Buen Vivir and Complementarity: Indigenous Collective Rights in a Post-Colonial World 4.1.2 Bridging Indigenous Collectives and Women: Cosmovisions and Decolonisation 4.2 Tracing Absolute Rights Violations towards Women in Indigenous Collective Frameworks 4.2.1 Paving the Way for Women’s Rights Articulations: Indigenous Self-Determination, Sovereignty, Self-Governance in Power Politics 4.2.2 Absolute Rights in Context: Conceptually Approaching Indigenous Women’s Claims for Self-Determination 4.2.3 Approaching the Heart of Indigenous Women’s Self-Determination: Violence and Physical Integrity 4.3 Concluding Comments Chapter V: Exploring Indigenous Rights from Within: Age Intergenerational Dimensions as Hidden Phenomena 5.1 Historical Trauma as a Conceptual Frame to Explore Individual, Group-Based and Collective Encounters 5.1.1 Identifying Absolute Rights Violations towards Elders in Indigenous Collective Regimes 5.1.2 Disentangling Youth’ Absolute Rights under the Collective Umbrella 5.3 Towards New Human Rights Regimes: Encounters of Intergenerational and Indigenous Collective Frameworks 5.4 Concluding Remarks Chapter VI: Final Reflections Literature Index