restrictions on land rights should be further considered in future cases before the Inter-American bodies, particularly as they involve the relationship between indigenous consultation and consent, as well as the role of indigenous representatives in the relevant decision-making process. Cases before the IACHR and IACtHR should promote synergy and consistency within the system, taking also into account ILO and HRC practice, as well as the particularly progressive approach to land rights adopted by CERD. Jurisprudence should be further enhanced by (a) expanding on certain aspects of this regime, including the implications of the right to free, prior and informed consent of indigenous peoples, most notably in the context of cumulative effects that may be expected to result from development activities; (b) exploring the link between Articles 6, 7 and 15 of ILO Convention No. 169 with a view to further clarifying the scope of consultations with indigenous peoples, and consequently the objective of reaching an agreement with them as laid down in Article 6(2); (c) encouraging the HRC to emphasize the duty on states to consult with indigenous peoples when carrying out the demarcation of their traditional lands, as well as to respect indigenous peoples’ customary laws and practices regarding land tenure systems when deciding on indigenous claims to traditional lands; (d) promoting dialogue between judicial and quasijudicial bodies over relevant aspects of indigenous land rights and their potential diffusion within the African and European systems. Women’s rights There is a need for jurisprudential elaboration on the impact of cultural diversity, including minority rights, on the rights of women. Generally speaking, full awareness of the interplay between different grounds of discrimination, particularly gender, race, colour, ethic origin and religion, is crucial to address the specific situation of indigenous and minority women. In this sense, CEDAW should be encouraged to 50 embrace a more systematic approach to multiple forms of discrimination, involving not only rural or vulnerable women but also minority and indigenous women. The protection of the cultural integrity of indigenous/minority groups does not encompass practices that run counter to the protection of their members, including women. Governments’ obligation to address harmful and discriminatory practices must not result in an indiscriminate attack on minority and indigenous cultures as such, and prohibitions must be based on reasonable and objective grounds and be proportionate to the aims pursued. The UN treaty bodies have generally recommended that states should engage in an intercultural dialogue with all the parties concerned, notably traditional and religious leaders and women themselves, with a view to fostering reconsideration of aspects of the community’s identity. The participation of women in rethinking customary laws is central to this process. Jurisprudence should be further enhanced by (a) supporting cases where particular practices infringe on the principle of equality, including family law and marital rights, and cases where other rights of women and girls, such as their right to life, health, dignity, education and physical integrity appear to have been equally threatened; (b) encouraging further decisions by the HRC on the complex interplay of women’s rights and minority rights in light of Articles 3 and 27 of the ICCPR; (c) encouraging developments in this area under Article 5 of the Convention on the Elimination of All Forms of Discrimination against Women. The fact that a large number of states have ratified the Optional Protocol to the Convention may create opportunities to examine the potential of this provision in a quasijudicial setting; (d) considering the implications of Article 3 of the ICESCR vis-à-vis Article 15; the recently adopted Optional Protocol to the ICESCR establishing a complaints procedure may offer further avenues for litigation, although it is not possible at this stage to foresee if and when the protocol will enter into force. MINORITY GROUPS AND LITIGATION: A REVIEW OF DEVELOPMENTS IN INTERNATIONAL AND REGIONAL JURISPRUDENCE

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