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Indigenous Peoples in Chile: The Quest to become a Constitutional Entity

Studies in Law, Politics, and Society

ISBN: 978-1-78052-080-3, eISBN: 978-1-78052-081-0

Publication date: 30 June 2011

Abstract

This chapter discusses the legal and political process whereby indigenous peoples in Chile have demanded, and failed to be granted, constitutional recognition. By identifying indigenous peoples as groups that suffer from both misrecognition and maldistribution, I demonstrate political authorities' and legal scholars' lack of understanding toward indigenous peoples' demands since the resumption of democracy, in the late 1980s. I discuss the way in which indigenous peoples ultimately resort to the law from outside, i.e., international human rights law, to challenge the local understandings and the contours of a Constitution that fails to include the most disadvantaged group in Chilean society.

Citation

Contesse, J. (2011), "Indigenous Peoples in Chile: The Quest to become a Constitutional Entity", Sarat, A. (Ed.) Studies in Law, Politics, and Society (Studies in Law, Politics, and Society, Vol. 55), Emerald Group Publishing Limited, Bingley, pp. 19-41. https://doi.org/10.1108/S1059-4337(2011)0000055005

Publisher

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Emerald Group Publishing Limited

Copyright © 2011, Emerald Group Publishing Limited