Equality within Inequality: Common Rights of Native Communities

Abstract

This piece of work aims at pointing at the special meaning implied by the common nature of rights regarding native communities, upon which the foundations for the survival as a group are built. One such case is that of Argentina which, after whipping several stages in history, gathered such rights in the constitutional reform portrayed in 1994. No doubt such panorama could not possibly bypass the ILO 169 Convention of 1989 (Indigenous and Tribal Peoples Convention) or the UN Declaration on the Rights of Indigenous Peoples of 2007, both of which contributions have assisted, under a heaven of «autonomy » and «self determination» this «collective» nature. By the way, such literature has been supplemented with certain criteria outlined (both in its litigation as in its advisory stages) by the Inter-American Court of Human Rights. The latter being an institution which, because of the self-determination of such peoples in regard with its co property has outlined the connection and interdependence linking such rights.