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Indigenous Jurisdiction and Cultural Difference: When judges discuss culture in family violence cases in the EU Mapuche (Chile)

Article

French

ID: <10670/1.xdkess>

Abstract

The approval of seventeen compensation agreements to resolve domestic violence cases in Mapuche indigenous communities has led to intense controversy in southern Chile. These agreements are based on the principle of internal conflict resolution promoted by the International Labour Organization (ILO) convention No. 169. 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, have become a public concern about violence against women in the Mapuche community context. Through the study of the controversy development, 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.

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