The “Declaration” of indigenous rights: A soft law morally binding in the Venezuelan legal system

Abstract

Abstract

The object of this article is to analyze the Declaration on the Rights of the Indigenous Populations of the United Nations and the Project of the American Declaration of the Indigenous Rights of the Organization of American States, created by means of the legislative technique of the Soft Law and used by the State to regulate the Indigenous Rights. The investigation is descriptive and the documentary observation in primary and secondary sources is applied. One concludes that such Declarations do not have a formal binding character for the States members of these international organisms, nevertheless, due to the necessity to protect the Human Rights of the natives the Venezuelan State has incorporated in his internal Law the norms contained in these Declarations, having demonstrated that these have a moral force that
grants exigibility and acceptance to them on the part of the State.