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Remedies: Restitution And Special Measures

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Chapter Summary

Remedies refer to "the means by which a right is enforced or the violation of a right is prevented, redressed or compensated". This chapter explores the remedies offered by human rights law to the violation of indigenous peoples' land rights, adopting a twofold approach. The first approach delves into the theories of land restitution. It focuses on theories of compensation, restitution and reconciliation, and examines how such mechanisms are increasingly playing a large part in the human rights discourse on indigenous peoples' land rights. The second method of redress for past dispossession is based on affirmative action. Since it is aimed at re-establishing a fair balance between historically marginalized groups and the rest of the dominant population, it has became a relatively effective human rights tool in dealing with past injustices.

Keywords: human rights law; indigenous peoples; land restitution; past injustices; remedies



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