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Win the Battle, Lose the Lore: Human Rights Subjectivity and Indigeneity
thesisposted on 27.08.2021, 00:04 authored by ELISABETH MEGAN LOPEZ DESVARS
This thesis explores the idea that human rights provide a predefined understanding of what it is to be a subject: universal, finite and rational. In the context of fieldwork carried out in Paraguay and supported by case law from the Inter-American Court of Human Rights, this thesis analyses the challenges faced by Indigenous claimants who may not reflect these characteristics. It also suggests that there are ways in which Indigenous claimants challenge this uniform understanding of subjectivity, putting pressure on the Court to adapt.