SOSC 2351 Lecture Notes - Lecture 12: Indigenous Rights, Genocide Convention, Legal Personality
Document Summary
Ex: identity as interdependent and interrelated with group. Legal personality (individual id) needed for legal standing. Legal standing = capacity to exercise rights, perform duties, bear liabilities. Slaves, women and indigenous peoples deemed to lack standing or personality on grounds of lacking capacity. Often seen as a challenge or threat to state sovereignty/stability; respond with regulation of space or id. Three types of rights relevant to indigenous rights: right to existence. Right not to suffer genocide (infers right to exist: right to self-determination. Group right; 2007 un declaration on the rights of indigenous peoples (undrip) Including the right to determine who members are. Rights of mother earth; 2010 cochabamba peoples conference. Land/earth is animated, and source of id, place, strength etc. Euro-american legal order privileged the sovereign state and patriarchal authority of the individual. Right to property ownership and other rights afforded citizens. Citizenship denied to indigenous people due to religion, & race.
