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The rights of nature, indigenous peoples & international human rights law: from dichotomies to synergies

The rights of nature, indigenous peoples & international human rights law: from dichotomies to synergies
The rights of nature, indigenous peoples & international human rights law: from dichotomies to synergies
This article explores some of the challenges associated with the development of the rights of nature (RoN) and the recognition of Indigenous legal and cultural traditions. It considers whether the rights of Indigenous peoples under international human rights law can provide a relevant legal framework to ensure that Indigenous rights are respected and realized through the development of RoN. Focusing on self-determination, land rights, cultural rights and participatory rights, the article analyses how international human rights law could serve as a benchmark to guide the development of RoN, ensuring the integration of, respect for and promotion of Indigenous peoples’ rights. The article argues that an Indigenous human rights framework could ensure that RoN and the rights of Indigenous peoples could become much more self-supportive and complementary.
1759-7188
399-415
Gilbert, Jeremie
a8c0d4e3-dbb8-48b4-82af-646a4763697d
Gilbert, Jeremie
a8c0d4e3-dbb8-48b4-82af-646a4763697d

Gilbert, Jeremie (2022) The rights of nature, indigenous peoples & international human rights law: from dichotomies to synergies. Journal of Human Rights and the Environment, 13 (2), 399-415. (doi:10.4337/jhre.2022.02.04).

Record type: Article

Abstract

This article explores some of the challenges associated with the development of the rights of nature (RoN) and the recognition of Indigenous legal and cultural traditions. It considers whether the rights of Indigenous peoples under international human rights law can provide a relevant legal framework to ensure that Indigenous rights are respected and realized through the development of RoN. Focusing on self-determination, land rights, cultural rights and participatory rights, the article analyses how international human rights law could serve as a benchmark to guide the development of RoN, ensuring the integration of, respect for and promotion of Indigenous peoples’ rights. The article argues that an Indigenous human rights framework could ensure that RoN and the rights of Indigenous peoples could become much more self-supportive and complementary.

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Published date: 1 October 2022

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Local EPrints ID: 498912
URI: http://eprints.soton.ac.uk/id/eprint/498912
ISSN: 1759-7188
PURE UUID: cb62062e-6267-4290-8c60-8a6df12f0bcd
ORCID for Jeremie Gilbert: ORCID iD orcid.org/0000-0003-1377-3494

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Date deposited: 04 Mar 2025 18:06
Last modified: 08 Mar 2025 03:16

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Author: Jeremie Gilbert ORCID iD

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