Autochthonous juridicity and cultural differences

When judges discuss culture in cases of domestic violence in the Mapuche community context (Chile)
By Fabien Le Bonniec
English

The approval of seventeen compensation agreements to resolve domestic violence cases within Mapuche indigenous communities has led to intense controversy in Southern Chile. These agreements are based on the principle of internal conflict resolution promoted by convention No. 169 of the International Labour Organization (ILO). These agreements have traditionally been banned in cases of domestic violence and have resulted in significant legal controversy over the recognition of indigenous juridicity, which, following media coverage, has become an issue of public concern related to violence against women in the Mapuche community context. Through the study of the development of the controversy, its socio-legal analysis, the positioning of these actors, and the story of a case of compensation agreement in the context of domestic violence, more general issues relating to the history of Chilean society's relationship with the Mapuche, the relationship of law and its agents with the indigenous culture and cultural differences can be seen.

Keywords

  • Mapuche
  • domestic violence
  • ILO convention No. 169
  • compensation agreements
  • indigenous juridicity
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