2012 Articles

Beyond Constitutional Recognition: Public Challenges for the Defense of Indigenous Rights in Latin America

Roquefeuil, Guilhem de

"This paper establishes the theoretical and analytical foundations for the elaboration of a tentative policy framework for the public defense, enforcement, and promotion of indigenous rights in Latin America. The study proceeds in four sections. It begins by presenting a comprehensive typology of indigenous rights and offering examples of their concrete formulation at the domestic and international levels. This section also summarizes the main difficulties associated with implementing these rights from the point of view of domestic policymakers. The second section debates the literature’s theoretical contributions in outlining the state’s role in the protection of indigenous rights. The third section examines the recent Ecuadorian experience with indigenous rights in order to empirically stress the theory's significance. The final section presents five policy recommendations as well as avenues for further research, providing the basis for a future policy framework."--from pages 153-154