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• The Practice of the African Commission on Human and Peoples’ Rights concerning the Rights of the Indigenous Peoples, with special regard to the Ogoni Case

  127-143

  György Marinkás

  Views:

  185

  The aim of the current article is to analyse the protection of indigenous peoples’ rights offered by the African human rights mechanism by introducing its institutional framework and jurisprudence. The author has the opinion that the African mechanism has followed in the footsteps of the Inter-American system and has interpreted the already existing substantial norms in an evolutive manner; thus achieving tremendous results in the acknowledgement and protection of indigenous rights. They did so with such success that now the “master” – namely the Inter-American Commission on Human rights – is quoting the student. It follows from the above mentioned lines that – according to the firm opinion of the author – the African mechanism worth the attention both present time, both in the future, due to the simple fact that new trends regarding indigenous rights may arise from the practice of the African Commission.

• The Indigenous Peoples’ Right to Cultural Identity in the Case-law of the Inter-American Court of Human Rights

  145-163

  Katarzyna Zombory

  Views:

  272

  The present paper examines the protection of cultural identity in the case-law of the Inter-American Court of Human Rights (IACHR), where this question has primarily been dealt with in connection with the rights of indigenous peoples. Although not expressly guaranteed in the American Convention on Human Rights (ACHR), the right to cultural identity is found to be protected in the treaty due to the IACHR’s evolutionary interpretation of the right to life and the right to property, as well as other first-generation human rights contained in the ACHR. Issued in the Spring of 2020, the IACHR decision in the case Lhaka Honhat vs Argentina puts into a new perspective the protection of the right to cultural identity. Unlike before, it was clearly established that cultural rights are autonomous and judicially enforceable under Article 26 of the ACHR. At the same time, the ICHR’s revolutionary approach provides new opportunities for the judicial protection of environmental rights claims based on Article 26 of the ACHR as well.