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Indigenous Peoples as a Catalyst for Applying the Human Right to Water

Indigenous Peoples as a Catalyst for Applying the Human Right to Water International Journal on Minority and Group Rights 10 : 131–161, 2004. 131 © Koninklijke Brill NV. Printed in the Netherlands. Indigenous Peoples as a Catalyst for Applying the Human Right to Water LEONARD HAMMER* 1. Introduction One of the principal problems with the human rights system is that of context. Whose standards are being referred to or asserted when making the claim for a human right? What of the bigger State picture or broader world framework for an individual asserting a right and where does the group Ž t in to this context? These issues are even more serious for economic and social rights where the dimensions of the social framework are being assessed and judged. Thus, in inter- preting the Covenant on Economic, Social and Cultural Rights, the Committee on Economic, Social and Cultural Rights (hereafter: the Committee) is confronted with a uniquely difŽ cult task in trying to make the rights applicable in a practical man- ner for all States. Many times, the Committee is guilty of reverting to imposed pol- icy, playing the role of overseer whose task is to dictate to the State the manner in which to apportion social resources. This is of http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png International Journal on Minority and Group Rights Brill

Indigenous Peoples as a Catalyst for Applying the Human Right to Water

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Publisher
Brill
Copyright
© 2004 Koninklijke Brill NV, Leiden, The Netherlands
ISSN
1385-4879
eISSN
1571-8115
DOI
10.1163/157181104322784835
Publisher site
See Article on Publisher Site

Abstract

International Journal on Minority and Group Rights 10 : 131–161, 2004. 131 © Koninklijke Brill NV. Printed in the Netherlands. Indigenous Peoples as a Catalyst for Applying the Human Right to Water LEONARD HAMMER* 1. Introduction One of the principal problems with the human rights system is that of context. Whose standards are being referred to or asserted when making the claim for a human right? What of the bigger State picture or broader world framework for an individual asserting a right and where does the group Ž t in to this context? These issues are even more serious for economic and social rights where the dimensions of the social framework are being assessed and judged. Thus, in inter- preting the Covenant on Economic, Social and Cultural Rights, the Committee on Economic, Social and Cultural Rights (hereafter: the Committee) is confronted with a uniquely difŽ cult task in trying to make the rights applicable in a practical man- ner for all States. Many times, the Committee is guilty of reverting to imposed pol- icy, playing the role of overseer whose task is to dictate to the State the manner in which to apportion social resources. This is of

Journal

International Journal on Minority and Group RightsBrill

Published: Jan 1, 2004

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