Over 25 years in the making, the UN Declaration on the Rights of Indigenous Peoples is described by the UN as setting an important standard for the treatment of indigenous peoples that will undoubtedly be a significant tool towards eliminating human rights violations against the planet's 370 million indigenous people and assisting them in combating discrimination and marginalisation.
The concerns and sticking points were consistently over some key provisions of the Declaration, such as indigenous peoples' right to self-determination and the control over natural resources existing on indigenous peoples' traditional lands. The four member states that voted against were Australia, Canada, New Zealand and the United States - though all four have since moved to endorse the Declaration.
These papers discuss and examine relevant intellectual property law, human rights, family law, international treaty law and international economic law.
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Dr Sarah Sargent is a Reader in Critical Heritage Studies (Law) at the University of Buckingham. She is licensed to practise law (licenses currently inactive) in Colorado, Kansas, and Maryland, USA. Her legal practice focused on family law issues, including the rights of indigenous peoples under the Indian Child Welfare Act. She is currently the Chief Editor of the Denning Law Review and Director of the University of Buckingham Equine Law and Policy Research Centre. Her research interests include indigenous rights and intangible cultural heritage from an inter-disciplinary perspective.
Jo Samanta is Professor of Medical Law at De Montfort University, Leicester, UK. She chairs the Faculty Human Research Ethics Committee and she is engaged currently in international ethics compliance work. She is a non-practicing solicitor and she qualified as a nurse, midwife and community health nurse in South Africa. Her research interests lie predominantly in the field of medical law and ethics, particularly in end of life decisions, clinical guidelines and human and indigenous rights. She has published widely on the interface of medical law and clinical practice.
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