Section Two: Human Rights

Article V. Full Effect and Observance of Human Rights

Indigenous peoples and persons have the right to the full and effective enjoyment of the human rights and fundamental freedoms recognized in the Charter of the OAS, the American Declaration of the Rights and Duties of Man, and, where applicable, the American Convention on Human Rights, and other international human rights instruments. Nothing in this Declaration may be interpreted so as to limit, restrict, or deny in any way those rights, or so as to authorize any action that is not in keeping with the principles of international law, including international human rights law.

Article VI. Collective Rights

1. Indigenous peoples have collective rights that are indispensable for their continued existence, well-being, and development as peoples, and for the enjoyment of the individual rights of their members.

2. In this regard, the States recognize, inter alia, the right of the indigenous peoples to their collective action; to their social, political, and economic organization; to their own cultures; to profess and practice their spiritual beliefs, and to use their languages.

Article VII. Gender Equality

All the rights and freedoms recognized in the present Declaration are guaranteed equally to indigenous women and men. The States condemn violence based on gender or age, which impedes and diminishes the exercise of those rights.

Article VIII. Right to Belong to an Indigenous People

Indigenous persons and communities have the right to belong to a given indigenous people, in accordance with the traditions and customs of that people.

Article IX. Juridical Personality

Indigenous peoples and communities have the right to recognition of their juridical personality by the States. The States shall adopt the necessary measures to ensure that said juridical personality respects the indigenous forms of organization and allows for the full exercise of the rights recognized in this Declaration.

Article X. Rejection of Assimilation

1. Indigenous peoples have the right to maintain, express, and freely develop their cultural identity in all respects, free from any external attempt at assimilation.

2. The States shall not adopt any policy to assimilate the indigenous peoples or to destroy their cultures.

3. Indigenous peoples have the right to not be subjected to any form of genocide or attempts to exterminate them.

Article XI. Special Guarantees Against Racism, Racial Discrimination, Xenophobia, and Related Forms of Intolerance

1. Indigenous peoples have the right to protection from racism, racial discrimination, xenophobia, and related forms of intolerance. In this regard, the States shall adopt special measures, when necessary, for the full enjoyment of internationally and nationally recognized human rights, and shall adopt all necessary measures so that indigenous women, men, and children can enjoy their civil, political, economic, social, cultural, and spiritual rights.

2. Indigenous peoples have the right to participate in the determination of those special guarantees.

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