Harmoniser nouveaux droits amérindiens et droits de l’homme

A wave of constitutional reforms initiated in Latin America in the ’80s led to the recognition of Native Americans’ collective rights. Thus, their status is henceforth different from the one that corresponds to the rest of the citizens of each of the states of the region. As a part of collective rights, customary rights – which are an expression of cultural norms and values – thus obtained new legitimacy. The recognition of traditional rights involves making an effort to harmonize them with human rights, as traditional rights and human rights often lean on opposite values. Is such harmonization feasible? Thinking about this point cannot rely only on some theoretical principles that could be generalized, but must be founded on the knowledge of multiple real situations