Embargoed and Restricted Access

Reason: Under embargo until 30 August 2022. After this date a copy can be supplied under Section 51(2) of the Australian Copyright Act 1968 by submitting a document delivery request through your library, or by emailing document.delivery@monash.edu

Win the Battle, Lose the Lore: Human Rights Subjectivity and Indigeneity

posted 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.


Campus location


Principal supervisor

Richard John Joyce

Additional supervisor 1

Melissa Castan

Additional supervisor 2

Katie O'Bryan

Year of Award


Department, School or Centre



Master of Philosophy

Degree Type



Faculty of Law