La protección de la identidad cultural de los pueblos indígenas a través del derecho a la integridad personal

Abstract

The Inter-American Court of Human Rights has helped in the construction of cultural identity right of indigenous peoples through rights that have been recognized in the American Convention on Human Rights such as the right of humane treatment. Through the non-restrictive interpretation, the Court has considerated the cultural particularity of indigenous peoples for to protect with more efficiently the right to humane treatment of indigenous and tribal communities and also to preserve their culture. In this article, we analyze three judgments in which we can see three forms of protection of cultural identity through the right to humane treatment.