Las limitaciones jurisdiccionales al derecho a administrar justicia indígena: un análisis del caso La Cocha 2

Ecuador has recognized the right to administer justice by indigenous people on a constitutional and international level. This recognition imposes the need to identify the limits that the State can impose to this right, without incurring into a breach with its international obligations in matters of respect and guarantying human rights and the recognition of collective rights of indigenous people. The recognition of the right to administer justice by indigenous people does not imply that the obligation to respect and guarantee of Human Rights to Indigenous people, who are subject to Indigenous Law, can be put aside. It implies the development of the principles that allow the formation of legal pluralism where the ordinary system of state and the indigenous system coexist in the same territory, interact and feed each other. Thus, this dissertation develops some of the features of the rights of indigenous people, the basic ones that must be taken into account when States impose rational and legitimate limits to the right of administration of justice. To do so, the author analyzes the scope of the general obligations of the State in matters of respect and guarantee of human rights, specifically that of indigenous people. The author also analyzes the faculties that the right to administer justice grants to indigenous people. Finally, the dissertation presents some of the limitations imposed on this right through a Colombian case and make a comparison with the decision of the Constitutional Court of Ecuador in the case of La Cocha II.

• Κύριος συγγραφέας: Arias Sevilla, Diego Alejandro (author)
• Μορφή: bachelorThesis
• Γλώσσα: spa
• Έκδοση: 2016
• Θέματα: DERECHO INDÍGENA; LÍMITES JURISDICCIONALES; ECUADOR
• Διαθέσιμο Online: http://dspace.udla.edu.ec/handle/33000/6406