This article offers a critical look at how in Latin America the normative orders of indigenous peoples are excluded when resolving situations that concern them and essentially involve a conflict of laws. It is sustained that this goes against rights recognized to these peoples by the human rights system. This has occurred in cases related to the restitution of cultural property of indigenous origin, for example, in the case of the Quimbaya Collection, which was resolved by the Constitutional Court of Colombia. As the article will discuss, although the neocolonialism that is present in Latin American private international law has contributed to the exclusion of the normative orders of indigenous peoples in this context, this legal field offers some tools that address diversity and otherness and that, therefore, can serve the need for the inclusion of such normative orders to resolve cases of this type.
Tópico:
International Law and Human Rights
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0
Información de la Fuente:
FuenteLegal Pluralism and Critical Social Analysis