
Contents
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Introduction Introduction
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The Challenge of Indigenous Rights in International Law The Challenge of Indigenous Rights in International Law
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Religion as Peoplehood in International Law Religion as Peoplehood in International Law
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The Road to UNDRIP The Road to UNDRIP
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Religion as Religion in International Law Religion as Religion in International Law
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Religion as Spirituality in Indigenous Rights Discourse Religion as Spirituality in Indigenous Rights Discourse
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Religion as Culture in International Human Rights Law Religion as Culture in International Human Rights Law
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Peoples, not People or Populations Peoples, not People or Populations
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The UN Declaration on the Rights of Indigenous Peoples The UN Declaration on the Rights of Indigenous Peoples
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Religion as Culture in UNDRIP Religion as Culture in UNDRIP
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Religion as Culture in the OAS Draft American Declaration Religion as Culture in the OAS Draft American Declaration
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What Does UNDRIP Mean? The Legal Force of International Law What Does UNDRIP Mean? The Legal Force of International Law
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Elaboration of Norms Elaboration of Norms
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Treaties/Covenant/Conventions Treaties/Covenant/Conventions
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Declarations Declarations
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Customary International Law Customary International Law
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Enforcement of Norms Enforcement of Norms
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Domestic Law Domestic Law
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Implementing UNDRIP Specifically Implementing UNDRIP Specifically
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Diplomacy and the Power of Words Diplomacy and the Power of Words
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Religion as Peoplehood in Domestic US Law Religion as Peoplehood in Domestic US Law
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Rethinking Domestic Law in Light of Indigenous Rights Norms Rethinking Domestic Law in Light of Indigenous Rights Norms
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Cultural Integrity and Self-Determination in US Law Cultural Integrity and Self-Determination in US Law
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Rethinking the Articulation of Indigenous Rights in Light of US Religious Freedom Rethinking the Articulation of Indigenous Rights in Light of US Religious Freedom
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Rethinking Religious Freedom Law in Light of Indigenous Rights Rethinking Religious Freedom Law in Light of Indigenous Rights
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From Consultation to Free, Prior, and Informed Consent From Consultation to Free, Prior, and Informed Consent
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Conclusion: A Window of Opportunity Conclusion: A Window of Opportunity
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8 Religion as Peoplehood: Indigenous Rights in International Law
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Published:April 2020
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Abstract
This chapter extends the discussion of “Religion as Peoplehood” beyond the very real limits of federal Indian law. It explores the possibilities and drawbacks of increasing appeals to Indigenous rights under international human rights law. The possibilities of the United Nations Declaration on the Rights of Indigenous Peoples are quite rich, as are its implementation apparatus for protecting Native religions under Indigenous rights. However, without having to define them as such, the approach is slow to grow domestic legal teeth in the United States. Its incremental development as authoritative law can, as this chapter shows, be strengthened by making clearer associations with U.S. religious freedom law.
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