The Indigenous Issue in Argentina: from Effectiveness to Production Context

Abstract

This study starts from the consideration that law itself does not explain the juridical reality. The analysis of the aboriginal law status' process construction into Argentinean juridical discourse attends to the social, historical and political production sense of judicial equality and difference.

The goal is to clarify to which logic refer the international human rights declarations concerning indigenous people, and their relative effectiveness. In a certain extent, we ask which is the connection between this relative effectiveness and the process of foundation of the liberal State in Argentina in 19th Century, in which the indigenous people were, selectively regarded as and no equals.