El conflicto de la definición indígena en el orden nacional e internacional

Abstract

The protection of indigenous rights has made great strides nationally and internationally. The international jurisprudence and doctrine has attempted to give meaning of indigenous rights law, together with other international treaties and according to the circumstances, worldview and context of indigenous peoples. One of the biggest challenges has been to give the definition of “indigenous” or “indigenous communities”. It should be noted that the State has the right to legal security against international obligations and must know who is subject of this rights, in order to protect them. This paper aims to analyze the progress of the various definitions or elements that international law gives on the concept of “indigenous” and “indigenous communities” in order to determine who are the subjects of the indigenous human rights as a vulnerable group.