Home -> Law Blog Directory -> Academic Blogs -> Legal Theory Blog
(866) 635-2689 for Personal Injury or (866) 635-9402 for Criminal Defense
Find a Local Lawyer
Divorce (866) 635-6190
Personal Injury (866) 635-2689
Criminal Defense (866) 635-9402
Academic
: Legal Theory BlogGraham on Collective & Individual Rights and Indigenous Education
By Lawrence Solum
-
This paper was written for the UCLA Journal of International Law and Foreign Affairs, which sponsored a symposium titled ?Indigenous Peoples? Rights in the International Human Rights Framework: A Comfortable Fit??. This question of a ?comfortable fit? is one that has informed my work as a member of the ILA Committee on the Rights of Indigenous Peoples, which has been charged with the task of formulating a commentary on the newly adopted United Nations Declaration on the Rights of Indigenous Peoples (?Declaration?). My research on the Declaration has focused on two primary areas of law: education and media. Elsewhere, I have argued that these two rights are essential to Indigenous Peoples? struggles to strengthen and maintain their societies and cultures.
This paper focuses primarily on the right to education under Article 14 of the Declaration, which is an area of international law that lends itself well to contemplating issues of individual and collective rights (the topic of our panel discussion). The underlying question of this paper being whether a body of law built primarily on the recognition of individual rights can also be a facilitator of collective rights? My research suggests that it can: First, this paper demonstrates that the current international human rights framework actually contemplates both collective and individual rights, and that the two are not mutually exclusive. Second, it analyzes one means by which international human rights law can facilitate collective rights ? through the linking together of core human rights precepts. As we will see, the right to indigenous education under Article 14 of the UN Declaration makes little sense if it isn?t placed or analyzed within a wider range of human rights. Before expanding on either of these points, the paper briefly discusses the history surrounding Article 14 and the right to education.
Full post as published by Legal Theory Blog on September 23, 2010 (boomark / email).
Cumulative Voting
Protecting minority shareholder interests
The Civil Rights Act of 1871
Law bans discrimination enacted under color of state law
State Will Statutes
State Differences in Last Will and Testament Checklist
Discrimination
Federal laws prohibit discrimination on the basis of race, color, religion, sex, national origin, age, or disability
Heart of Atlanta v United States
Supreme Court Decision: Civil Rights Act Protected by Interstate Commerce Clause
Rally Rights
Gettysburg Borough awards arrested protester $22,500 civil rights settlement.
Civil / Human Rights
alleging violations of basic human and civil rights.
Department of Education Fraud
$4.25 million settlement to be paid in whistleblower lawsuit.
Racist Voicemail
Stamford Board of Education pays student $37,500 settlement after failing to protect her from racial discrimination.
Qui Tam Whistleblower - Government Fraud - Qui Tam Lawsuit
Qui Tam Whistleblower alleging fraud against the government reported by an individual acting as a government whistleblower.
Wrong Bus
Greenbrier County Board of Education agrees to $15,000 negligence settlement after dropping a 5-year-old off at the wrong spot.

Indigenous People Seek Recognition At WIPO Meeting On Their Rights
IP Law and Indigenous Peoples' Property Rights
Bolivia parliament advances indigenous justice system bill
UN SG calls for greater efforts on indigenous rights
UN Report: Indigenous Rights Ignored In Global IP Policy








