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Sumary
As the ultimate guarantee of fundamental rights, the Judiciary has to fulfill the international obligations assumed by Argentine. Local legislation and international documents and its interpretations, has recognized the self determination right for indigenous peoples. However, our courts activity shows that there are still deficiencies, considering that international standards are violated.
In this study we identify the different tools used by the judiciary and its patterns. The current absence of a specific legal mechanism to respond this type of claims leaves to a discretional power of decision for judges, even on choosing the legal way. Hence the importance of reviewing their responses because the judiciary is still far from adapting their practices to the law. |
