The Rights of Nature, Indigenous Peoples & International Human Rights Law: From dichotomies to Synergies

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Abstract

Although there are some synergies between the movements to support the Rights of Nature (RoN) and Indigenous peoples, there are also some potential pitfalls and dichotomies when it comes to the integration of Indigenous peoples' human rights. In exploring some of these challenges, this article contends that the RoN paradigm should be premised on an Indigenous peoples’ rights-based approach to RoN. It explores how the integration and respect of Indigenous peoples’ human rights could offer a solid platform to support the development of the RoN in a much more respectful and participatory manner. By focusing specifically on self-determination, land rights, cultural rights and participatory rights, it analyses how international human rights law could serve as a benchmark to guide the development of the RoN to ensure the integration, respect and promotion of Indigenous peoples’ rights. In doing so, this article argues that if such human rights based framework is adopted the RoN and the rights of Indigenous peoples could become much more self-supportive and complementary.
Original languageEnglish
Pages (from-to)399–415
JournalJournal of Human Rights and the Environment
DOIs
Publication statusPublished - 1 Oct 2022

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