Reparation to indigenous peoples for omission of prior consultation
A study on the Means of Control for the violation of Prior Consultation in Colombia
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The possibility, but even more so the need for reparation by indigenous peoples in the face of the State's omission of prior consultation, has not been the subject of specific studies in the Colombian legal literature, as have other aspects related to the exercise of direct reparation or the right of ethnically differentiated communities to free, prior and informed consultation and consent. In this way, the present document, in general terms, gives an account of the background that allows illuminating the title proposed here: "Reparation to indigenous peoples for omission of prior consultation...
The possibility, but even more so the need for reparation by indigenous peoples in the face of the State's omission of prior consultation, has not been the subject of specific studies in the Colombian legal literature, as have other aspects related to the exercise of direct reparation or the right of ethnically differentiated communities to free, prior and informed consultation and consent. In this way, the present document, in general terms, gives an account of the background that allows illuminating the title proposed here: "Reparation to indigenous peoples for omission of prior consultation", whose review was guided by the treatment given in the academic field to three central aspects, namely: 1) the right to prior consultation; 2) reparation and 3) the jurisprudence of the Constitutional Court. These are three elements that make it possible to base and orient the work around the above-mentioned title.
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