Traditional Knowledge and Indigenous Territory in the Inter-American Human Rights System

A Protection Approach from Collective Property

Abstract

https://doi.org/10.1590/2179-8966/2025/90074

The Inter-American System of Human Rights, through the Inter-American Commission and the Court, has become a key arena for the protection of the rights of indigenous peoples, especially regarding collective reparation measures. This article is based on the recognition of the rights that have affected their territory, culture and ways of life, with an emphasis on the intrinsic relationship between territory and traditional knowledge as collective property. Through a documentary analysis methodology, scientific articles, the jurisprudence of the Inter-American Court of Human Rights and other relevant legal documents are examined. As a result, the article highlights the significant advances of the Inter-American System in the recognition and protection of indigenous rights, challenging traditional Western perspectives and adopting a more sensitive approach to ethnic, cultural and territorial diversity. It is concluded that the Inter-American System has developed important advances that overcome the limitations of an individualistic and Western vision, adopting a more inclusive and respectful approach to the worldview of these communities.