ABSTRACT
This chapter focuses on how the prior consultation of Indigenous Peoples is devised in Guatemala, how it has been shaped by national jurisprudence, and the elements which need to be determined for its effective implementation as a right. In this country, it has been legal rulings which have contributed to the interpretation, implications, and implementation of prior consultation. This is due to the fact that several Indigenous communities have denounced the violation of their right to prior consultation through constitutional channels. Therefore, this chapter adopts a legal methodology by analysing different judgements made by the Guatemalan Constitutional Court, which, with reference to international law standards, have ruled over various cases where prior consultation has been omitted.
