Abstract

CASADO GUTIERREZ, Fernando. The ILO convention no 169 influence in the justiciability of indigenous rights through the new Latin American constitutionalism states case law. Bol. Mex. Der. Comp. [online]. 2020, vol.53, n.159, pp.977-994.  Epub Jan 21, 2022. ISSN 2448-4873.  https://doi.org/10.22201/iij.24484873e.2020.159.15796.

The present work assesses the influence of the International Labour Organization (ILO) Convention No 169 on Indigenous and Tribal Peoples Convention on the recent case law regarding indigenous rights in the high courts of the so called New Latin American Constitutionalism: Ecuador, Venezuela and Bolivia. The research collects a qualitative sample of emblematic sentences where the influence of the Convention No 169 is analysed in the judge’s decisionmaking process for indigenous rights. We chose a qualitative sample that does not aim to end the debate on the topic, to the contrary, it opens a discussion in the context of the influence of the legally binding international law in the New Latin American Constitutionalism and other member States of the ILO Convention No 169.

Keywords : ILO Convention 169; New Latin American Constitutionalism; Indigenous Rigths.