Indigenous legal system and women rights. Jurisprudence and indigenous consultation regarding the repeal of sections 13 and 14 of the Pascua Law

Abstract

This paper aims to delve deeper into indigenous prior consultation as an expressive mechanism of indigenous autonomy. The study addresses the possible tensions between indigenous law and culture, and the fundamental rights of women. Arguments and justifications used on the occasion of the repeal of sections 13 and 14 of law 16.441 (1966) known as Law Pascua. Particular potentialities and institutional challenges can be built upon indigenous consultation confronted to these type of tensions. Firstly, to faithfully and dynamically express indigenous culture and current indigenous legal systems, secondly, to integrate other intersectional perspectives, parti­cularly an advance gender approach more than the strictly linked to indigenous identity, and finally, generate a virtuous interchange with other forms of indigenous participation in relation to jurisdictional, legislative and executive institutions.