Inspiration for children’s human rights from indigenous peoples’ rights

Abstract

Although there are many and obvious differences between children and indigenous peoples, there are also quite some similarities, especially in how international human rights law and academic research have addressed the claims of these groups. This chapter focuses on three domains in which children’s rights and indigenous peoples’ rights share certain challenges, in order to explore whether and how both branches of human rights law could inspire each other: (i) the demarcation of the personal scope of rights, and the divisions and dichotomies generated by the establishment of categorical human rights; (ii) the way in which indigenous peoples and children have been constructed, especially from a Western perspective, and the consequences thereof; and (iii) participation and consent. I will argue that children’s rights law could draw inspiration from indigenous peoples’ rights law in defining its rights holders, in developing the collective dimension of the right to be heard and in conceptualising the right of children to give consent. On the other hand, an area in which research and practice on both indigenous peoples’ rights and children’s rights should increase efforts, concerns addressing the adverse consequences of idealised constructions