Indigenous peoples in voluntary isolation in Latin America. Rights and protection mechanisms. “Tagaeri and Taromenane vs. Ecuador” case, before the Inter-American Court of Human Rights

Abstract

The objective of this paper is to explore the current status of the legal situation of indigenous peoples in voluntary isolation (PIAV) in Latin America, as well as to examine the procedure by which the Inter-American Commission on Human Rights interpreted and applied the principle of self-determination in a specific case, and from there, submit it to the jurisdiction of the Inter-American Court of Human Rights. Starting from an outline of the historical condition of these peoples, an overview is presented of the main aspects that, today, define the exercise and defense of the rights of the PIAV in the face of actions to the detriment of their lands and way of life, by of the States. Turning, for this, to the case “Tagaeri and Taromenane vs. Ecuador”, whose Report on the Merits of the Inter-American Commission on Human Rights, set a precedent in favor of the legal recognition of the claims of indigenous peoples.