Indigenous peoples’ normative orders and restitution

Latin American private international law and human rights

Bibliographic Data

ID8253192
AuthorsMaría Julia Ochoa Jiménez (0000-0002-3701-9018, Universidad de Antioquia, corresponding author)
Year2022
Volume54
Issue2-3
Pages176-192
Publication date2022-09-02
Peer ReviewedYes
Open AccessNo
TypeARTICLE
VenueLegal Pluralism and Critical Social Analysis (JOURNAL)
Journal identifiersISSN: 2770-6869 • E-ISSN: 2770-6877
PublisherInforma UK Limited (PUBLISHER • GB)
DOI10.1080/27706869.2022.2122317
OpenAlexW4297384633
LanguageEN
Citations received1
References cited19

This article offers a critical look at how in Latin America the normative orders of indigenous peoples are excluded when resolving situations that concern them and essentially involve a conflict of laws. It is sustained that this goes against rights recognized to these peoples by the human rights system. This has occurred in cases related to the restitution of cultural property of indigenous origin, for example, in the case of the Quimbaya Collection, which was resolved by the Constitutional Court of Colombia. As the article will discuss, although the neocolonialism that is present in Latin American private international law has contributed to the exclusion of the normative orders of indigenous peoples in this context, this legal field offers some tools that address diversity and otherness and that, therefore, can serve the need for the inclusion of such normative orders to resolve cases of this type

Geography · Human rights · Indigenous · Indigenous rights · International human rights law · International law · Latin Americans · Law and economics · Normative · Political science · Restitution · Sociology · Environmental law and policy · Human Rights and Development · International Law and Human Rights · Law

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