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

thesis
posted on 27.08.2021, 00:04 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.

History

Campus location

Australia

Principal supervisor

Richard John Joyce

Additional supervisor 1

Melissa Castan

Additional supervisor 2

Katie O'Bryan

Year of Award

2021

Department, School or Centre

Law

Course

Master of Philosophy

Degree Type

MPHIL

Faculty

Faculty of Law

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