Indigenous Communities of the Lhaka Honhat (Our Land) Association v. Argentina
成果类型:
Article
署名作者:
Tigre, Maria Antonia
署名单位:
Columbia University
刊物名称:
AMERICAN JOURNAL OF INTERNATIONAL LAW
ISSN/ISSBN:
0002-9300
DOI:
10.1017/ajil.2021.47
发表日期:
2021
页码:
706-713
关键词:
摘要:
On February 6, 2020, the Inter-American Court of Human Rights (Court) declared in Lhaka Honhat Association v. Argentina that Argentina violated Indigenous groups' rights to communal property, a healthy environment, cultural identity, food, and water. For the first time in a contentious case, the Court analyzed these rights autonomously based on Article 26 of the American Convention on Human Rights (ACHR) and ordered specific restitution measures, including actions to provide access to adequate food and water, and the recovery of forest resources and Indigenous culture. The decision marks a significant milestone for protecting Indigenous peoples' rights and expanding the autonomous rights to a healthy environment, water, and food, which are now directly justiciable under the Inter-American human rights system.