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Research Paper Volume 8 Issue 2 822 - 834 March 26, 2025

Indigenous Rights and Constitutional Recognition: A Comparative Analysis

Lead author · Corresponding
B. James Jaya Raj
Assistant Professor of Law at Telangana Tribal Welfare Residential Law College, Sangareddy, Telangana, India
View PDF Full text DOIhttps://doij.org/10.10000/IJLMH.119174
Abstract

Constitutional recognition of Indigenous rights is a complex global issue with no one-size-fits-all solution. This analysis examines diverse approaches to constitutional recognition, drawing upon case studies from various nations to identify key themes and lessons learned. The findings reveal that while plurinational constitutionalism shows promise in countries like in Latin America , implementation remains a challenge . In places like New Zealand, the Treaty of Waitangi highlights the need to address historical grievances. A recurring theme across all cases is the gap between constitutional principles and the lived realities of Indigenous peoples . Several recommendations emerge from the synthesis of these case studies. Governments and policymakers should engage in genuine consultation with Indigenous communities, integrate Indigenous perspectives into constitutional reforms, and invest in mechanisms that support the enforcement of Indigenous rights . Indigenous communities must continue advocating for their rights through political mobilization, legal challenges, and cultural revitalization. For all stakeholders, fostering a culture of respect and reconciliation is crucial for building a more just society. Future research should focus on the long-term impacts of constitutional recognition on Indigenous well-being and cultural survival. Comparative studies examining the experiences of Indigenous women are particularly needed. Innovative mechanisms for implementing Indigenous rights, such as community-based monitoring, also warrant further investigation. Constitutional recognition is a moral imperative that requires courage, commitment, and a willingness to embrace a more inclusive vision of citizenship . By acknowledging the rights and dignity of Indigenous peoples, nations can begin to heal the wounds of the past and build a more equitable future for all.

Type
Research Paper
Information
International Journal of Law Management and Humanities, Volume 8, Issue 2, Page 822 - 834
DOI: https://doij.org/10.10000/IJLMH.119174
Creative Commons
CC BY-NC 4.0 This is an Open Access article distributed under the terms of the Creative Commons Attribution–NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.
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Copyright © IJLMH 2026
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The views and opinions expressed in this manuscript are those of the author(s) alone and do not reflect the views, policies, or position of the Journal.

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