Volume 7 Issue 1 November 2020​

What can the European Court of Human Rights learn from the Inter-American Court of Human Rights' approach to reparation in Indigenous peoples’ rights decisions?

SALLY ROSA

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This article compares the approaches of the Inter-American Court of Human Rights with European Court of Human Rights in reparations decisions for Indigenous peoples. The judicial activism in the IACtHR is often seen as progressive and a blueprint for other courts. The apparent successes in the IACtHR are marred by paternalistic decisions, for example giving land access without ownership and reparations which are inconsistent with need. The ECtHR has been less effective in recognising the complex nature of Indigenous societies and this paper argues there is a need for courts to learn from one another.

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