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Indigenous justice systems and their compatibility with human rights : a study of traditional corporal punishments, due process of law and access to justice in legal pluralistic Ecuador

Oswaldo-Rafael Ruiz-Chiriboga (UGent)
(2016)
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Abstract
This dissertation explores the human rights implications of legal pluralism in Ecuador. It studies the practice of certain indigenous communities of imposing corporal punishments, and the practice of not granting the accused a right to remain silent. It also examines the impacts on the right to a fair trial of forum shopping and shopping forums, and the consequences on the right to access to justice of the conflicts of jurisdiction that arise between ordinary and indigenous adjudicators. Finally, the dissertation analyses the international rules on the international responsibility of the State for the conduct of indigenous authorities. The research is based on extensive literature review and the findings obtained after three field-trips to Ecuador, during which qualitative interviews and informal conversations were held with members of indigenous communities, communal leaders, national judges, prosecutors, academics and practitioners

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Citation

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MLA
Ruiz-Chiriboga, Oswaldo-Rafael. Indigenous Justice Systems and Their Compatibility with Human Rights : A Study of Traditional Corporal Punishments, Due Process of Law and Access to Justice in Legal Pluralistic Ecuador. Ghent University. Faculty of Law, 2016.
APA
Ruiz-Chiriboga, O.-R. (2016). Indigenous justice systems and their compatibility with human rights : a study of traditional corporal punishments, due process of law and access to justice in legal pluralistic Ecuador. Ghent University. Faculty of Law, Ghent, Belgium.
Chicago author-date
Ruiz-Chiriboga, Oswaldo-Rafael. 2016. “Indigenous Justice Systems and Their Compatibility with Human Rights : A Study of Traditional Corporal Punishments, Due Process of Law and Access to Justice in Legal Pluralistic Ecuador.” Ghent, Belgium: Ghent University. Faculty of Law.
Chicago author-date (all authors)
Ruiz-Chiriboga, Oswaldo-Rafael. 2016. “Indigenous Justice Systems and Their Compatibility with Human Rights : A Study of Traditional Corporal Punishments, Due Process of Law and Access to Justice in Legal Pluralistic Ecuador.” Ghent, Belgium: Ghent University. Faculty of Law.
Vancouver
1.
Ruiz-Chiriboga O-R. Indigenous justice systems and their compatibility with human rights : a study of traditional corporal punishments, due process of law and access to justice in legal pluralistic Ecuador. [Ghent, Belgium]: Ghent University. Faculty of Law; 2016.
IEEE
[1]
O.-R. Ruiz-Chiriboga, “Indigenous justice systems and their compatibility with human rights : a study of traditional corporal punishments, due process of law and access to justice in legal pluralistic Ecuador,” Ghent University. Faculty of Law, Ghent, Belgium, 2016.
@phdthesis{8501540,
  abstract     = {{This dissertation explores the human rights implications of legal pluralism in Ecuador. It studies the practice of certain indigenous communities of imposing corporal punishments, and the practice of not granting the accused a right to remain silent. It also examines the impacts on the right to a fair trial of forum shopping and shopping forums, and the consequences on the right to access to justice of the conflicts of jurisdiction that arise between ordinary and indigenous adjudicators. Finally, the dissertation analyses the international rules on the international responsibility of the State for the conduct of indigenous authorities. The research is based on extensive literature review and the findings obtained after three field-trips to Ecuador, during which qualitative interviews and informal conversations were held with members of indigenous communities, communal leaders, national judges, prosecutors, academics and practitioners}},
  author       = {{Ruiz-Chiriboga, Oswaldo-Rafael}},
  language     = {{eng}},
  pages        = {{V, 243}},
  publisher    = {{Ghent University. Faculty of Law}},
  school       = {{Ghent University}},
  title        = {{Indigenous justice systems and their compatibility with human rights : a study of traditional corporal punishments, due process of law and access to justice in legal pluralistic Ecuador}},
  year         = {{2016}},
}