Every Brazilian child has the right to count on the protection of the law. Is it different with regards to indigenous children?
The right to the protection of life is a fundamental right and does not depend on the child’s ethnicity. The right to life for indigenous children is already guaranteed by law, as much by international legislation (the UN’s Convention on the Rights of the Child, of which Brazil is a signatory nation), as by the Brazilian Constitution and the Statute of the Child and Adolescent (ECA). Even the question of conflict between the right to cultural diversity and the fundamental human rights was resolved through the passing of Decree 5051, signed by President Lula on the 19th April 2004. This decree explains that the traditional indigenous practices should be preserved as long as they don’t violate the fundamental human rights such as the right to life. 6. But does the Statute of the Child and Adolescent apply to indigenous children? The indigenous lawyer and Director-General of the Defense of Indigenous Rights of the Brazilian National Indian Foundation (FUNAI), Vilmar Guarani, is very clear