New perspectives of group rights on the jurisprudence of the Inter-American Court of Human Rights about indigenous people
Abstract
The article focuses on the new perspectives of group rights in the jurisprudence of the Inter-American Court of Human Rights after the judgment of the Court’s case of the Indigenous Community Xákmok Kásek v. Paraguay (2010) and Kichwa Indigenous People of Sarayaku v. Ecuador (2012). After a theoretical review of the rights of groups, the study of the judgments will focus on a review of the concept and foundation, which was done by the Inter-American Court of Human Rights.Following the review of the case-law, I argue the Inter-American Court of Human Rights changed their understanding of the rights of groups, anchoring budgets thereof, in a strong conception of them.
