The Struggle of Indigenous Peoples to Maintain Their Spirituality in Latin America: Freedom of and from Religion(s), and Other Threats

This article argues that the (Western-oriented) right to religion has been proven inadequate in protecting Indigenous Peoples’ rights. It recognizes that this is partly because of the distinctive characteristics of Indigenous religions, which differ from other dominant religions, but also because of...

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Main Authors: Alexandra Tomaselli, Alexandra Xanthaki
Format: Article
Language:English
Published: MDPI AG 2021-10-01
Series:Religions
Subjects:
Online Access:https://www.mdpi.com/2077-1444/12/10/869
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author Alexandra Tomaselli
Alexandra Xanthaki
author_facet Alexandra Tomaselli
Alexandra Xanthaki
author_sort Alexandra Tomaselli
collection DOAJ
description This article argues that the (Western-oriented) right to religion has been proven inadequate in protecting Indigenous Peoples’ rights. It recognizes that this is partly because of the distinctive characteristics of Indigenous religions, which differ from other dominant religions, but also because of the way in which religion has been used by colonialism with dramatic effects on Indigenous Peoples and their beliefs, spiritualities, and worldviews. The article focuses on Latin America to argue further that in addition to colonialism, the early Constitutions also attacked Indigenous religions. As Indigenous rights are more acknowledged in Latin America, we take this region as an excellent, albeit painful, example of how Indigenous religions have been pushed aside even in the most positive contexts. The article uses the constitutional and legal arrangements in Latin American states, mainly Ecuador and Bolivia, to critically assess the protection that these favorable to Indigenous Peoples legal systems’ guarantee to Indigenous rights despite a persistent implementation gap. Also, this article highlights the weaknesses of the international system in mitigating the manifold threats that Indigenous Peoples have to face on a daily basis in their struggle to maintain and transmit their religions and spirituality, including the assault of other religions and sects into their communities and the so-called neo-extractivism. The article finally draws some concluding remarks and recommendations on how to improve the freedom of and violations from religion(s) of Indigenous Peoples in the context of Latin America as well as international law more broadly.
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spelling doaj.art-27bd106799184358b29b5f051c85a3dc2023-11-22T19:52:23ZengMDPI AGReligions2077-14442021-10-01121086910.3390/rel12100869The Struggle of Indigenous Peoples to Maintain Their Spirituality in Latin America: Freedom of and from Religion(s), and Other ThreatsAlexandra Tomaselli0Alexandra Xanthaki1Institute for Minority Rights, Eurac Research, 39100 Bolzano-Bozen, ItalyBrunel Law School, College of Business, Arts and Social Sciences, Brunel University London, Uxbridge, London UB8 3PH, UKThis article argues that the (Western-oriented) right to religion has been proven inadequate in protecting Indigenous Peoples’ rights. It recognizes that this is partly because of the distinctive characteristics of Indigenous religions, which differ from other dominant religions, but also because of the way in which religion has been used by colonialism with dramatic effects on Indigenous Peoples and their beliefs, spiritualities, and worldviews. The article focuses on Latin America to argue further that in addition to colonialism, the early Constitutions also attacked Indigenous religions. As Indigenous rights are more acknowledged in Latin America, we take this region as an excellent, albeit painful, example of how Indigenous religions have been pushed aside even in the most positive contexts. The article uses the constitutional and legal arrangements in Latin American states, mainly Ecuador and Bolivia, to critically assess the protection that these favorable to Indigenous Peoples legal systems’ guarantee to Indigenous rights despite a persistent implementation gap. Also, this article highlights the weaknesses of the international system in mitigating the manifold threats that Indigenous Peoples have to face on a daily basis in their struggle to maintain and transmit their religions and spirituality, including the assault of other religions and sects into their communities and the so-called neo-extractivism. The article finally draws some concluding remarks and recommendations on how to improve the freedom of and violations from religion(s) of Indigenous Peoples in the context of Latin America as well as international law more broadly.https://www.mdpi.com/2077-1444/12/10/869Indigenous Peoplesspiritualitycultural identitylandtraditional customsLatin America
spellingShingle Alexandra Tomaselli
Alexandra Xanthaki
The Struggle of Indigenous Peoples to Maintain Their Spirituality in Latin America: Freedom of and from Religion(s), and Other Threats
Religions
Indigenous Peoples
spirituality
cultural identity
land
traditional customs
Latin America
title The Struggle of Indigenous Peoples to Maintain Their Spirituality in Latin America: Freedom of and from Religion(s), and Other Threats
title_full The Struggle of Indigenous Peoples to Maintain Their Spirituality in Latin America: Freedom of and from Religion(s), and Other Threats
title_fullStr The Struggle of Indigenous Peoples to Maintain Their Spirituality in Latin America: Freedom of and from Religion(s), and Other Threats
title_full_unstemmed The Struggle of Indigenous Peoples to Maintain Their Spirituality in Latin America: Freedom of and from Religion(s), and Other Threats
title_short The Struggle of Indigenous Peoples to Maintain Their Spirituality in Latin America: Freedom of and from Religion(s), and Other Threats
title_sort struggle of indigenous peoples to maintain their spirituality in latin america freedom of and from religion s and other threats
topic Indigenous Peoples
spirituality
cultural identity
land
traditional customs
Latin America
url https://www.mdpi.com/2077-1444/12/10/869
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