Research/Technical Note | | Peer-Reviewed

Indigenous Rights and Health: A Legal and Sociocultural Approach

Received: 29 August 2024     Accepted: 24 September 2024     Published: 31 October 2024
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Abstract

This research note explores the intersection of Indigenous rights and health from a legal and sociocultural perspective, focusing on the unique challenges faced by Indigenous communities in Brazil. It critically examines the tension between individual and collective rights as they pertain to health, highlighting the divergence between Western biomedical models and Indigenous worldviews of "well-being" or "sumak kawsay." The study reviews the existing legal and normative frameworks—ranging from the Universal Declaration of Human Rights to Brazil's constitution—that aim to ensure culturally appropriate healthcare for Indigenous peoples. Despite these frameworks, significant challenges persist, including cultural and linguistic barriers, distrust of formal health services, inadequate access to care, and institutional discrimination. Through case studies, such as the health crisis among the Yanomami people, the note illustrates how these issues manifest in practice and argues for the need to incorporate Indigenous healing practices into the broader health system. The study concludes by advocating for a more intercultural health approach that respects and integrates Indigenous knowledge, enhances community participation, and fosters a more inclusive, just, and effective health system for Indigenous peoples in Brazil.

Published in Social Sciences (Volume 13, Issue 5)
DOI 10.11648/j.ss.20241305.20
Page(s) 222-228
Creative Commons

This is an Open Access article, distributed under the terms of the Creative Commons Attribution 4.0 International License (http://creativecommons.org/licenses/by/4.0/), which permits unrestricted use, distribution and reproduction in any medium or format, provided the original work is properly cited.

Copyright

Copyright © The Author(s), 2024. Published by Science Publishing Group

Keywords

Indigenous Rights, Health Policy, Legal Frameworks, Intercultural Health, Collective Rights, Brazil, Well-being, Traditional Medicine

References
[1] Andrade, João & Figueiredo, Angela. “Public policies for Indigenous health in Brazil: A critical analysis.” Journal of Indigenous Health, vol. 15, no. 4, 2021, pp. 45-68.
[2] Kleinman, Arthur. The Illness Narratives: Suffering, Healing, and the Human Condition. Basic Books, 1988.
[3] Oliveira, Maria. “Traditional Healing Practices among Indigenous Peoples in Brazil.” Cultural Health Studies, vol. 8, no. 2, 2020, pp. 230-246.
[4] Viana Ferreira, Luiza. “Language and Cultural Barriers in Healthcare Access for Indigenous Peoples.” Health Communication, vol. 16, no. 3, 2019, pp. 305-317.
[5] Ribeiro, David & Santos, Elena. “The Impact of Biomedical Practices on Indigenous Health Care Seeking.” Global Health Perspectives, vol. 12, no. 1, 2022, pp. 21-35.
[6] Silva, Carlos & Almeida, Fernanda. “Challenges in Accessing Health Services in Remote Indigenous Communities.” Journal of Primary Care & Community Health, vol. 10, no. 1, 2021, pp. 15-22.
[7] Moreira, Ana. “Institutional Discrimination and Its Impact on Indigenous Health in Brazil.” Social Issues and Policy Review, vol. 5, no. 3, 2021, pp. 95-113.
[8] He, Xiao. “Stereotypes and the Health Service Experience: The Case of Indigenous Populations.” Cultural Diversity and Ethnic Minority Psychology, vol. 22, no. 4, 2021, pp. 541-556.
[9] Freire, Paulo. Pedagogy of the Oppressed. Continuum, 2000.
[10] Mignon, Tiffany. “Decolonizing Health: A Framework for Intercultural Practices.” Cultural Critique, vol. 9, no. 2, 2022, pp. 87-104.
[11] “Universal Declaration of Human Rights.” United Nations, 1948.
Cite This Article
  • APA Style

    Alcântara, M. D. L. B. D., Mafra, J., Parellada, A. (2024). Indigenous Rights and Health: A Legal and Sociocultural Approach. Social Sciences, 13(5), 222-228. https://doi.org/10.11648/j.ss.20241305.20

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    ACS Style

    Alcântara, M. D. L. B. D.; Mafra, J.; Parellada, A. Indigenous Rights and Health: A Legal and Sociocultural Approach. Soc. Sci. 2024, 13(5), 222-228. doi: 10.11648/j.ss.20241305.20

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    AMA Style

    Alcântara MDLBD, Mafra J, Parellada A. Indigenous Rights and Health: A Legal and Sociocultural Approach. Soc Sci. 2024;13(5):222-228. doi: 10.11648/j.ss.20241305.20

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  • @article{10.11648/j.ss.20241305.20,
      author = {Maria de Lourdes Beldi de Alcântara and Juliana Mafra and Alejandro Parellada},
      title = {Indigenous Rights and Health: A Legal and Sociocultural Approach
    },
      journal = {Social Sciences},
      volume = {13},
      number = {5},
      pages = {222-228},
      doi = {10.11648/j.ss.20241305.20},
      url = {https://doi.org/10.11648/j.ss.20241305.20},
      eprint = {https://article.sciencepublishinggroup.com/pdf/10.11648.j.ss.20241305.20},
      abstract = {This research note explores the intersection of Indigenous rights and health from a legal and sociocultural perspective, focusing on the unique challenges faced by Indigenous communities in Brazil. It critically examines the tension between individual and collective rights as they pertain to health, highlighting the divergence between Western biomedical models and Indigenous worldviews of "well-being" or "sumak kawsay." The study reviews the existing legal and normative frameworks—ranging from the Universal Declaration of Human Rights to Brazil's constitution—that aim to ensure culturally appropriate healthcare for Indigenous peoples. Despite these frameworks, significant challenges persist, including cultural and linguistic barriers, distrust of formal health services, inadequate access to care, and institutional discrimination. Through case studies, such as the health crisis among the Yanomami people, the note illustrates how these issues manifest in practice and argues for the need to incorporate Indigenous healing practices into the broader health system. The study concludes by advocating for a more intercultural health approach that respects and integrates Indigenous knowledge, enhances community participation, and fosters a more inclusive, just, and effective health system for Indigenous peoples in Brazil.
    },
     year = {2024}
    }
    

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    AU  - Maria de Lourdes Beldi de Alcântara
    AU  - Juliana Mafra
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    AB  - This research note explores the intersection of Indigenous rights and health from a legal and sociocultural perspective, focusing on the unique challenges faced by Indigenous communities in Brazil. It critically examines the tension between individual and collective rights as they pertain to health, highlighting the divergence between Western biomedical models and Indigenous worldviews of "well-being" or "sumak kawsay." The study reviews the existing legal and normative frameworks—ranging from the Universal Declaration of Human Rights to Brazil's constitution—that aim to ensure culturally appropriate healthcare for Indigenous peoples. Despite these frameworks, significant challenges persist, including cultural and linguistic barriers, distrust of formal health services, inadequate access to care, and institutional discrimination. Through case studies, such as the health crisis among the Yanomami people, the note illustrates how these issues manifest in practice and argues for the need to incorporate Indigenous healing practices into the broader health system. The study concludes by advocating for a more intercultural health approach that respects and integrates Indigenous knowledge, enhances community participation, and fosters a more inclusive, just, and effective health system for Indigenous peoples in Brazil.
    
    VL  - 13
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