Published: 2025-12-29

Evolution of the protection of the rights of indigenous and tribal peoples in the Inter-American Human Rights System

Marta Osuchowska
Zeszyty Prawnicze
Section: Artykuły
https://doi.org/10.21697/zp.2025.25.4.08

Abstract

This article examines the evolution of the protection of the rights of indigenous and tribal peoples within the Inter-American Human Rights System, focusing on the institutional roles of the Inter-American Commission on Human Rights and the Inter-American Court of Human Rights. It begins by outlining the historical context of indigenist policy in the Americas, which shaped the modern understanding of indigenous rights. Te analysis highlights how the system gradually moved beyond traditional individual-based conceptions of human rights to include collective and cultural dimensions. Both the Commission and the Court have been instrumental in recognizing the intrinsic link between indigenous peoples, their territories, and their cultural identity. This development has led to the emergence of a coherent doctrine emphasizing respect for cultural diversity, self-determination, and the effective participation of indigenous communities in decision-making processes affecting their lives and lands. As a result, the Inter-American Human Rights System has become one of the most advanced international frameworks for the protection of indigenous and tribal peoples, serving as a model for other regional and global human rights mechanisms.

Keywords:

indigenous peoples, the Inter-American Commission on Human Rights, the Inter-American Court of Human Rights, collective rights, cultural diversity, self-determination

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Osuchowska, M. (2025). Evolution of the protection of the rights of indigenous and tribal peoples in the Inter-American Human Rights System. Zeszyty Prawnicze, 25(4), 173–193. https://doi.org/10.21697/zp.2025.25.4.08

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