Human rights and the protection of Indigenous peoples

a critical approach to the international system

Abstract

The period following World War II revealed that States are not always able to ensure collective well-being, contributing to the development of International Human Rights Law and the establishment of mechanisms designed to protect individuals from systematic violations. For anthropology, this debate is particularly relevant because it highlights the tensions between legal universalism and cultural pluralism, challenging the conception of human rights as a homogeneous and Western-centered project. In this context, the international protection of Indigenous peoples has advanced at the normative level but continues to face structural limitations affecting self-determination, territorial rights, and the sociocultural continuity of these communities. This article examines Indigenous peoples’ access to the International Human Rights System in Brazil and the main barriers they face, drawing on the genealogy of the system, the contradictions of universalism, and the persistence of coloniality within international institutions. Through a critical review, the study examines both the advances and limitations of international instruments, as well as the role of Indigenous actors in challenging power structures and broadening the meaning of human rights. Finally, it proposes alternatives for strengthening the international protection of Indigenous rights by incorporating intercultural perspectives and decolonial approaches capable of addressing the limitations of the current model.