ABSTRACT

International and regional jurisprudential developments do not seem to convey uniform views on how indigenous individual and collective rights shall be dealt with, how they are to encounter each other or if one should gain priority. Such dilemma and present tendencies in existing human rights systems are systematised and presented placing a focus on participation and prior consultation rights. Insights from the Inter-American, African and European human rights systems as well as UN specialised human rights mechanisms shall shed light on respective approaches, convergences and conflicts of perspectives. Subsequently, we examine reconciliation(s) of individual and collective rights among absolute norms.