Sentences with phrase «subsistence rights»

Justices Beaumont and von Doussa in the majority of the full Federal Court decision in the Croker Island case endorsed Justice Olney's finding that only non-exclusive cultural and subsistence rights could be recognised by the court.

A fundamental right under ICESCR is the right to an adequate standard of living5 which in turn requires, as a minimum, that all people enjoy subsistence rights, i.e. adequate food, nutrition, clothing, housing and the necessary conditions of care.

A fundamental right under ICESCR is the right to an adequate standard of living (40) which in turn requires, as a minimum, that all people enjoy subsistence rights, i.e. adequate food, nutrition, clothing, housing and the necessary conditions of care.

In the Croker Island Case this restriction on the recognition of sea rights is reflected in the finding of the Majority in the Full Federal Court that only non-exclusive cultural and subsistence rights could be recognised.

The Limburg Principles had referred to the notion of «minimum subsistence rights for all» (Principle 25), but it is in General Comment 3 and subsequent comments on specific rights that the concept of the essential level of rights was outlined.

The new black conservatives fail to see that the welfare state was the historic compromise between progressive forces seeking broad subsistence rights and conservative forces arguing for unregulated markets.

Not exact matches

I would suggest that such people not really concerned even about the right to a subsistence diet.

There was a long - established system of rights and proprietorship; it was a society which was a large step on from subsistence economy, through trade, banking and regular communications, This stability needed to be called provisional because of the bitter resentment of property and monopoly rights felt from time to time by apprentices, journeymen, the generally less privileged, and by the peasants throughout the countryside.

When the park was created, officials had recognized the rights of the half - dozen families that lived year - round inside the park, including Antonio and Geraldo, and allowed them to continue to raise livestock and pursue their subsistence lifestyles.

And in a climate where intellectual property rights (IPR) are the subject of controversy and uncertainty, it promises to provide the IPR - laden golden rice technology free of charge to subsistence farmers.

In WAAWAASHKESHIWI - WIIYAAS Miner reclaims this story along with his gichi - aanikoobijigan's right to subsistence hunting.

Máxima Acuña, Peru: A subsistence farmer in Peru's northern highlands, Máxima Acuña stood up for her right to peacefully live off her own land, a property sought by Newmont and Buenaventura Mining to develop the Conga gold and copper mine.

Asserting that anthropogenic climate change poses an existential threat to our nations, our cultures and to our way of life, and thereby undermines the internationally protected human rights of our people — including the right to sustainable development, right to life, the right to self - determination and the right of a people not to be deprived of its own means of subsistence, as well as principles of international law that oblige all states to ensure that activities within their jurisdiction or control do not cause damage to the environment of other states or of areas beyond the limits of national jurisdiction;

But proponents of indigenous rights and cultural integrity tend to see it as causing cultural erosion, with the attendant negative impacts to the ecologies that have been cared for by local cultures forever, precisely through their subsistence activities.

Permanent infrastructure and specified property rights increasingly constrain people's ability to safely use their environment for subsistence and other activities.

Similarly, Indigenous peoples in developing countries have suffered grave human rights violations (including expulsion of traditional territories, forced relocation and the use of force to deny them access to resources needed for subsistence) under conservation schemes which purport to protect the forests, wildlife, or wilderness but not the people who have co-existed with them for centuries.

Our firm seeks to right the wrongs done to people who have been paid nothing or subsistence wages and who have been subjected to the control of others.

The reason or purpose underlying paragraph 12 [of the NRTA] was to secure to the Indians a supply of game and fish for their support and subsistence and clearly to permit hunting, trapping and fishing for food... In my view the distinction that Dickson J. drew in Moosehunter between hunting for «support and subsistence», and hunting for «sport or commercially» is far more consistent with the spirit of Treaty No. 8 and with the proposition that one should not assume that the legislature intended to abrogate or derogate from Treaty 8 hunting rights than the respondent's submission that in using the term «for food» the legislature intended to restrict Treaty 8 hunting rights to hunting for direct consumption of the product of the hunt.36

This was a case dealing with aboriginal rights in which the appellant argued that he was exercising an existing aboriginal right to fish for subsistence and ceremonial purposes.

The key argument advanced in the petition was that the impacts in the Arctic of human - induced climate change infringe upon the environmental, subsistence, and other human rights of the Inuit people.

The key argument of the was that the impacts in the Arctic of human - induced climate change infringe upon the environment, subsistence, and other human rights of the Inuit people

Article 20 of the Declaration on the Rights of Indigenous Peoples protects the right of Indigenous peoples to secure their subsistence.

The extinguishment of native title hunting and fishing rights over such a vast area in a situation where subsistence activities are of major importance has itself been highly problematic, and has necessitated protection of hunting and fishing rights through various separate state and federal pieces of legislation - a situation which created administrative difficulty and uncertainty about the long term security of the rights.

[87] In accordance with this right, «All peoples may, for their own ends, freely dispose of their natural wealth and resources» and there is an obligation on the State that under no circumstances will they deprive a people «of its own means of subsistence».

Australia will quite likely continue to be brought to task by UN treaty committees where there is a failure to adequately recognise and protect the human rights of Australia's Indigenous peoples, including the right to own and inherit property and the right not to be deprived of their own means of subsistence.

In the absence of a determination of exclusive rights of possession, occupation, use and enjoyment, the inclusion in the determination of a right to trade in resources was essential to extend their acknowledged fishing rights beyond their own subsistence needs.

See Doubleday, N., «Aboriginal subsistence Whaling: The Right of Inuit to Hunt Whales and Implications for International Environmental Law», (1989) 2 (17) Denver Journal of International Law and Policy 373, p389.

Overall, this position responds to only one aspect of the relevant international human rights standards - not depriving a people of their means of subsistence.

Again, under this second position, s 211 of the NTA would preserve subsistence fishing and traditional access rights.

For example, activities pursuant to native title rights are restricted to pre-contract methods of exercising those rights (subsistence fishing, not commercial fishing).

Subsistence native title fishing rights, however, would be exempted from regulation by virtue of s 211 of the NTA.

Indigenous peoples have the right to maintain and develop their political, economic and social systems or institutions, to be secure in the enjoyment of their own means of subsistence and development, and to engage freely in all their traditional and other economic activities.

The bulk of academic commentary also supports the assumption that Aboriginal and Torres Strait Islander peoples should be confined to exercising rights of customary use and small scale subsistence fishing only.40