Access to what?: Legal agency and access to justice for indigenous peoples in Latin America

Daniel M. Brinks

No wp-2016-138, WIDER Working Paper Series from World Institute for Development Economic Research (UNU-WIDER)

Abstract: In this paper I issue a call for a primary focus on expanding and strengthening alternative, community-based justice system, as a strategy for securing the full benefits of legal agency to indigenous and other culturally distinct groups. I do so because what lies within the formal justice system—the very system to which so many well-meaning programmes promise access—is, for these groups and their members, often partial justice at best. Many of the substantive justice claims of the indigenous are simply incommensurable with the substantive content of state-based law.

Keywords: Indigenous rights; Human rights; Legal empowerment; Access to justice (search for similar items in EconPapers)
Date: 2016
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Citations: View citations in EconPapers (3)

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