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Vinsamlegast notið þetta auðkenni þegar þið vitnið til verksins eða tengið í það: http://hdl.handle.net/1946/34535

Titill: 
  • The right to free, prior and informed consent
Námsstig: 
  • Meistara
Útdráttur: 
  • Útdráttur er á ensku

    The special and deep bond that the indigenous peoples have with the land constitutes the fundamental substrate of their cultural, spiritual and material life. The occupation and ancestral use of indigenous peoples over their lands, territories and natural resources, gives rise to a kind of possessory or original title over them that cannot, or at least should not, be extinguished unilaterally without their consent. As noted by the Special Rapporteur Mrs. Erica-Irene A. Daes1, “the concept of aboriginal title and the relationship of this legal concept to the human rights of indigenous peoples is centrally important”.
    Special bond and original title translates into a human rights issue that has been addressed from various levels. Although the recognition and protection of indigenous rights has been widely criticized as insufficient and inefficient, the normative and jurisprudential developments of recent decades show a positive trend, although it is true that much work remains to be done.
    One of the principles that has achieved a greatest projection in recent years in relation to the protection of the rights of indigenous peoples is that of free, prior and informed consent. As recognised by the Permanent Forum on Indigenous Issues of the United Nations, “free, prior and informed consent is a key issue for the fulfilment of the rights of indigenous peoples”. Free, prior and informed consent in relation to development projects, resource.
    Special bond and original title translates into a human rights issue that has been addressed from various levels. Although the recognition and protection of indigenous rights has been widely criticized as insufficient and inefficient, the normative and jurisprudential developments of recent decades show a positive trend, although it is true that much work remains to be done.
    One of the principles that has achieved a greatest projection in recent years in relation to the protection of the rights of indigenous peoples is that of free, prior and informed consent. As recognised by the Permanent Forum on Indigenous Issues of the United Nations, “free, prior and informed consent is a key issue for the fulfilment of the rights of indigenous peoples”. Free, prior and informed consent in relation to development projects, resource extraction, and other investment projects within the territory of indigenous peoples has been, and it is currently, one of the most debated subjects, both in international law and national systems.
    This thesis studies the meaning and scope of the free, prior and informed consent right from a general perspective. Its aims is to show and bring the right of the free, prior and informed consent closer to the reader, highlighting the main aspects of the free, prior and informed consent process with the intention of having an overall view of this important topic. To do this, first, the most important definitions are addressed and the differences between terms that can lead to confusion are considered. Subsequently, it explores the development of this right within international law, examining the role and content of the main international and regional legal instruments as well as the main institutions and organizations. In the same way, both important case law and scholars´ opinions linked to the subject are examined. Then, the main aspects of the free, prior and informed consent right will be established; its legal status and those issues that still need to be resolved, which deserve a deeper development by all stakeholders.

Athugasemdir: 
  • Verkefnið er lokað 01.12.2019.
Samþykkt: 
  • 24.10.2019
URI: 
  • http://hdl.handle.net/1946/34535


Skrár
Skráarnafn Stærð AðgangurLýsingSkráartegund 
Jesús Navarro-Polar Law Thesis.pdf1.26 MBOpinnHeildartextiPDFSkoða/Opna