Decolonising expert evidence in international law? Cultural and environmental rights’ litigation before the Inter-American Court of Human Rights
Bibliographic Data
| ID | 8133307 |
|---|---|
| Authors | Mariana Monteiro De Matos (0000-0002-2439-8872, Universidade Federal do Pará, corresponding author) |
| Year | 2026 |
| Pages | 1-24 |
| Publication date | 2026-01-08 |
| Peer Reviewed | Yes |
| Open Access | Yes |
| Type | ARTICLE |
| Venue | The International Journal of Human Rights (JOURNAL) |
| Journal identifiers | ISSN: 1364-2987 • E-ISSN: 1744-053X |
| Publisher | Informa UK Limited (PUBLISHER • GB) |
| DOI | 10.1080/13642987.2025.2598261 |
| OpenAlex | W7119488912 |
| Language | EN |
| References cited | 34 |
In what manner can colonial elements embedded within the category of expert evidence be transformed to promote the effectiveness of human rights, particularly with respect to cultural and environmental rights? This paper addresses this topical inquiry from an interdisciplinary perspective that encompasses socio-legal scholarship (inter alia, law and anthropology) and other types of knowledge, including that of Indigenous and Afro-descendant. It argues for a reimagined conception of expert evidence in human rights law as a flexible tool, dynamically shaped by the parties in judicial settings. Expert evidence should not be perceived as a static or immutable construct; rather, it is a contextual instrument, crafted by individuals and legal rules, and subject to ever-evolving interpretations by judges. It may incorporate decolonial and counter-colonial elements and thus, become a powerful tool of strategic litigation and Indigenous advocacy. This argument is illustrated through an analysis of two pivotal issues in the Inter-American case law: the impartiality of knowledge in expert testimony and community-based expert witnessing. The analysis demonstrates a notable evolution in the production and evaluation of expert evidence, indicating a heightened awareness among legal practitioners and judges of the issues involved in socio-cultural and environmental disputes.
Human rights · Human rights movement · International human rights law · International law · Right to property · Environmental law and policy · Human Rights and Development · International Law and Human Rights
Indigenous Peoples In International Law
The Origins of Indigenism
Critical transitions in the Amazon forest system
Legal Scholars Engaging with Social Anthropology
The Emergence of Indigenous Peoples
The Indigenous Paradox
Epistemicide, health systems, and planetary health
Prefatory Comments
Petitioning the International
Activist Research v. Cultural Critique
The challenge of the “indigenous movement” in Latin America
Expert Testimony in the Social Sciences
L’ethnologue comme témoin expert
Contested Indigeneity and Traditionality in Environmental Litigation
Dilemas del perito experto
Peritaje antropológico y elementos probatorios en el caso de las comunidades afrodescendientes desplazadas de la cuenca del río Cacarica
Bahserikowi - Centro de Medicina Indígena da Amazônia
Indigenous Land Rights in the Inter-American System
The Anthropologist as Expert Witness
"Bushmen" in the Law
Cultural Expertise? Anthropologist as Witness in Defense of Indigenous and Afro-Descendant Rights
Using and Refusing the Law
Adjudicating Indigeneity
The Multiple Roles of Socio-Anthropological Expert Evidence in Indigenous Land Claims
| Citation velocity | historical |
|---|---|
| Highly cited | No |