treaty rights

Negotiated legal protections

Treaty rights are legal entitlements held by Indigenous peoples under agreements with colonial or national governments.

These typically include rights to hunt, fish, gather, and access traditional lands, as well as rights to self-governance, education, and healthcare.

In the U.S. and Canada, treaty rights are constitutionally protected and remain legally enforceable even when the treaties are centuries old: The tribe asserted its treaty rights to fish in ancestral waters.

Disputes over treaty rights often center on whether governments have honored their obligations.

Opposites
legal source/authority

treaty rightsstatutory rights

Protections codified in legislation

common law rights · delegated authority · natural rights · inherent rights · constitutional rights

recognition vs. denial

treaty rightstreaty violations

Failures to honor accords

broken treaties · dispossession · land theft · assimilation policies · wardship

collective vs. individual rights

treaty rightsindividual rights

Freedoms held by persons

civil liberties · citizen rights · private property rights

Family

treaty, rights

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