Development with culture and identity and regional Human Rights bodies: a comparison on the concept of development adopted by decisions of the Inter-American Court of Human Rights and the African Commission and Court on Human and Peoples Rights in light of indigenous-peoples’ self-determined development.

Abstract

This dissertation aims to analyze the concept of development adopted by the American and African regional bodies for juridical protection of human rights. The analysis is composed through the lenses of transcivilizational perspectives on human rights, following ideas from critical theorists on International Law, and underscoring the active contribution of indigenous peoples’ movements for decolonizing International Human Rights Law. A theoretical examination of development, and the right to development, will be addressed, with particular focus on development matters regarding indigenous peoples’ rights. Greater attention will be given to the concept of development with culture and identity as debated in international human rights fora. In this framework, we will ponder on selected cases from the regional bodies to elucidate the approach given by their jurisprudence on the matter