El derecho a la consulta en el sistema interamericano de derechos humanos: estándares después del caso Sarayaku

Abstract

Human rights of indigenous people have gained visibility through the development of international instruments and judgments of international courts, in which have noted the international responsibility of States by failing to respect and ensure their collective rights. Economic development and excessive exploitation of natural resources particularly often have an impact on indigenous people and communities; therefore, States and their governments must undertake consultation exercises with these peoples and communities on decisions that affect them. This paper aims to analyze how the duty to consult has shown a significant change after the pronouncement of the Inter-American Court of Human Rights in the Sarayacu vs. Ecuador case.