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Xanthaki, Alexandra

This paper maintains that Indigenous rights to access to justice relate to three big clusters of rights: a) non-discrimination; b) cultural rights; and c) self-determination. The paper argues that any attempt to view the issue of access to justice in relation only to one of these rights undermines their basis and thus, undermines them. The nondiscrimination aspect ensures that Indigenous Peoples should be treated equally to non-Indigenous people in their access to justice; the Indigenous right to culture underlines the need for some deviation from the national practices in judicial matters and processes; while the principle of self-determination is the foundation for the establishment of separate judicial institutions for Indigenous Peoples that will be designed and implemented with their active participation.

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Title
Indigenous Peoples’ Access To Justice, Including Truth And Reconciliation Processes
Publisher
Institute for the Study of Human Rights, Columbia University

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Academic Units
Institute for the Study of Human Rights
Published Here
March 26, 2015

Notes

This is a chapter from "Indigenous Peoples’ Access to Justice, Including Truth and Reconciliation Processes". The entire volume is available in Academic Commons at http://dx.doi.org/10.7916/D8GT5M1F

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