La justicia indígena y su relación con los derechos humanos. Un estudio crítico

Abstract

This article is framed within the field of legal sciences, specifically focusing on the critical study of Indigenous justice. The scientific problem arises from the application of indigenous justice, which has sparked controversy; in its implementation, human rights violations have occurred. For this reason, the present study is justified. This research aims to analyze the relationship between indigenous justice and human rights from a critical perspective. The methodology used corresponds to a qualitative study, based on the contrast of literature sources, known as grounded theory, through applying theoretical and inductive methods. Using descriptive research with a non-experimental design; data and facts compiled by authors who have studied the subject, as well as sentences related to the topic under study, were addressed. Indigenous justice deviates from and is distant in its adherence to the human rights established in the Constitution and the Declaration of Human Rights. This argument highlights the tension between the principles of indigenous communities and the need to ensure the protection of human rights. Keywords: Indigenous justice, ordinary justice, human rights