Susceptibility of direct affect in the previous consultation of the ILO 169 Convention. Analysis of standards and their treatment under the law. A question of law?

Abstract

This article explains that the susceptibility of direct concern, as an element of the previous consultation, has been considered in Chile with a differential standard to the one found in comparative law, both normative and jurisprudential. Also explains that such element is conflictive because it escapes the scope of the law, into anthropology, in view of the diverse cognitive references of indigenous peoples, which can only be known through an anthropological survey.