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Defend the SacredNative American Religious Freedom beyond the First Amendment$
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Michael D. McNally

Print publication date: 2020

Print ISBN-13: 9780691190907

Published to Princeton Scholarship Online: September 2020

DOI: 10.23943/princeton/9780691190907.001.0001

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PRINTED FROM PRINCETON SCHOLARSHIP ONLINE (www.princeton.universitypressscholarship.com). (c) Copyright Princeton University Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in PRSO for personal use.date: 29 July 2021

Religion as Peoplehood

Religion as Peoplehood

Indigenous Rights in International Law

Chapter:
(p.259) 8 Religion as Peoplehood
Source:
Defend the Sacred
Author(s):

Michael D. McNally

Publisher:
Princeton University Press
DOI:10.23943/princeton/9780691190907.003.0009

This chapter extends the discussion of “Religion as Peoplehood” beyond the very real limits of federal Indian law. It explores the possibilities and drawbacks of increasing appeals to Indigenous rights under international human rights law. The possibilities of the United Nations Declaration on the Rights of Indigenous Peoples are quite rich, as are its implementation apparatus for protecting Native religions under Indigenous rights. However, without having to define them as such, the approach is slow to grow domestic legal teeth in the United States. Its incremental development as authoritative law can, as this chapter shows, be strengthened by making clearer associations with U.S. religious freedom law.

Keywords:   peoplehood, international law, international human rights law, Indigenous rights, U.S. religious freedom law, Native religions

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