Digging for Rights : How Can International Human Rights Law Better Protect Indigenous Women from Extractive Industries?

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Digging for Rights : How Can International Human Rights Law Better Protect Indigenous Women from Extractive Industries?
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31(1) CANADIAN JOURNAL OF WOMEN AND THE LAW, 58-90 (2019)

This article examines the potential for the right to self-determination, as represented in the United Nations Declaration on the Rights on Indigenous Peoples (UNDRIP), to protect Indigenous women and girls in Canada from the negative impacts of extractive industry growth. Specifically, the article argues that international human rights law can better protect Indigenous women’s rights by providing an operational mechanism for Indigenous laws and practices. The article begins with a description of the unique negative impacts that extractive industry expansion into Indigenous peoples’ traditional territories has had on Indigenous women. The article then examines the current inadequacy of international human rights law and the UNDRIP in protecting Indigenous women in Canada from the negative effects of extractive industries. The article concludes by investigating ways in which the UNDRIP can strengthen its legal significance in Canada and improve Indigenous women’s procedural and substantive rights accordingly.