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The Right To Cultural Identity In The Evolving Jurisprudential Construction Of The Inter-American Court Of Human Rights

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Chapter Summary

There is increasing awareness of the international community in our times as to the importance of the preservation of the cultural identity of human beings, of human communities and of peoples. In its jurisprudential construction on the matter, the Court has taken due account of the right to cultural identity, as a component of other rights protected under the American Convention. It is thus not surprising that cultural identity has come to the fore, and has found expression, in the recent and evolving case-law of the Inter-American Court. This chapter reviews this reassuring jurisprudential construction, and seeks to extract some reflections and conclusions therefrom. Reference can be made, in this connection, to the Court's decisions in the cases of Aloeboetoe and Others versus Suriname (1993), of the "Street Children", of Bámaca Velásquez versus Guatemala (2000- 2002), the Community Mayagna Awas Tingni versus Nicaragua (2001).

Keywords: cultural identity; Guatemala; human rights; Inter-American Court; jurisprudential construction; Street Children



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