Beyond Recognition: the Development of Indigenous Land Rights in International and Regional Human Rights Law and the Need for a Gender-sensitive Interpretation

The recognition of Indigenous Peoples’ collective land rights has become one of the most significant developments in international human rights law. Moving beyond traditional individual rights frameworks, regional human rights bodies have progressively recognized that Indigenous Peoples’ relationship with ancestral territories is fundamental to their cultural identity, self-determination, and survival. However, the extent to which this evolving international law and jurisprudence protects Indigenous women remains under-explored. This thesis examines the development of Indigenous collective land rights through a comparative analysis of the Inter-American, African, and European human rights systems. It first explores the evolution of the international legal framework governing Indigenous land rights before analyzing how regional human rights bodies have interpreted and applied these rights in their jurisprudence. Through a comparative examination of the three regional systems, the thesis identifies the principal legal standards governing Indigenous collective land rights and evaluates the similarities, differences, and challenges that emerge across the regional frameworks. Building upon this comparative analysis, the thesis explores the gender dimension of Indigenous collective land rights in international and regional human rights law. Drawing on Indigenous feminist and anti-colonial scholarship, it examines whether existing legal frameworks adequately recognize the experiences, participation, and authority of Indigenous women within collective rights regimes. Finally, the thesis reflects on the implications of these developments for the future protection of Indigenous collective land rights in international and regional human rights law, considering how a more gender-sensitive approach may contribute to a more inclusive and effective protection of Indigenous Peoples.