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Repertorio Competenze e Ricerche
Part of book or chapter of book . 2022
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The Legal Framework Behind Biocultural Rights. An Analysis of their Pros and Cons for Indigenous Peoples and for Local Communities

Authors: Sajeva, Giulia;

The Legal Framework Behind Biocultural Rights. An Analysis of their Pros and Cons for Indigenous Peoples and for Local Communities

Abstract

The idea of biocultural rights strives to address the overall issues of indigenous peoples and local communities in relation to the environment and to conflate together the different rights needed to promote their self-government and conservation of cultural identity. Indeed, biocultural rights place themselves in the Anthropocene debate as powerful tools able to provide answers to both human rights and environmental issues. But their environmental focus might raise some issues. This chapter will explore the pros and cons of choosing the path of claiming biocultural rights for, separately, indigenous peoples and local communities. They appear, in fact, as different subjects in international law whose positions are legally diverse. While indigenous peoples hold indigenous rights, a powerful, yet still too often ignored, trump in their hands to be used against States, international organizations, and business corporations, local communities are still fighting to receive protection under international law as a special group and regardless of their contribution to environmental considerations. This difference places them in dissimilar positions vis-à-vis the decision as to whether, or not, to frame their claims as biocultural rights claims.

Country
Italy
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Keywords

local communities, Settore SPS/01 - Filosofia Politica, local communities, paesants, UN Declaration on the Rights of Paesants and other people working in rural areas, paesants, UN Declaration on the Rights of Paesants and other people working in rural areas

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selected citations
These citations are derived from selected sources.
This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Citations provided by BIP!
popularity
This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
BIP!Popularity provided by BIP!
influence
This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Influence provided by BIP!
impulse
This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
BIP!Impulse provided by BIP!
0
Average
Average
Average
Green
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