Ayla
Alves

Why are you interested in economic, social and cultural rights? Was there a specific motivation or event that influenced you?

​

Although I don’t do research on economic and social rights, I'm particularly interested in cultural rights. My research has been inspired by my interest in cultural issues, the power of culture in bringing people together and the role that culture plays in shaping individual identity.

As you are nearing the end of your PhD, what part of your research have you enjoyed the most so far?

​

I have greatly enjoyed the process of completing my PhD, even though it has been stressful at times. The part I enjoyed most was writing my final chapter as it is about the lessons that can be learned from Latin America in developing the protection of Indigenous peoples’ cultural heritage rights. 

​

As part of the process, I had the opportunity to go to Geneva to participate in sessions of a committee at the World Intellectual Property Organisation (WIPO) that is drafting instruments aimed at directly protecting Indigenous heritage against appropriation. In these sessions, I saw first-hand the regional differences and attitudes in terms of the protection that they sought to offer for Indigenous cultural heritage. In particular, the statements from the delegates of Latin American countries were very supportive of the Indigenous Caucus. Despite lacking decisive participation in these forums, many Latin American countries have existing legislation to address cultural appropriation.

​

As a Latin American, I was able to use my knowledge from Latin America and the ability to speak the common language in writing that final chapter, which enriched my PhD experience.

Given that your research focuses on international legal frameworks that support Indigenous cultural heritage, was there anything in particular that sparked your interest? Why is this topic important to you?

​

I have always been interested in Indigenous rights as a topic of research as it reflects a significant discussion in Brazil. Initially, it particularly bothered me at school that we were taught about the colonial history of Brazil from the invasion by the Portuguese in the 1500s, without consideration as to the history before then. 

​

I was able to combine this broader discussion with my interest in cultural rights and the importance of culture for identity. This focus was particularly interesting and important as applied to an Indigenous context. I then became interested in international law because it can be an alternative when domestic legal systems fail to protect victims of cultural appropriation.

 

How do you think the legal system supports social justice and human rights generally? Is there anything you think should be changed to promote a stronger focus on these issues?

​

The answer changes slightly depending on whether we are discussing this in a domestic or international context.

​

Domestically, there are extensive discussions about the fact that Australia does not have a Bill of Rights. It could be beneficial, if lawmakers do go ahead with a Bill of Rights, to consider the international agreements that have been ratified by Australia and to incorporate those provisions into domestic legislation, which could help promote social justice in the country.

Internationally, there is a significant amount being done, such as UN treaties, organs and monitoring mechanisms. I don’t think it’s necessarily about creating more of those in every context, as there’s also an issue with fragmentation, but instead focusing on ways to ensure enforcement – just the recognition of human rights in international texts is not enough.

Why did you choose to study a Bachelor of Laws and LLM? Has your academic background shaped your views on cultural rights or instilled a strong sense of social justice within you?

​

I was interested in human rights and how the law, especially human rights law, regulates human relationships and disputes. While there were a few career pathways in Brazil outside of legal practice, I was most interested in research. This led me to pursue my Masters degree at the University of Liverpool (UK) in international human rights law. 

​

What has been the most memorable project or event in your career so far?

​

The most memorable event so far would be the study visit to the European Court of Human Rights. I found it really interesting to be part of the international alternative for victims of human rights violations when the domestic systems fail to provide adequate redress. It was also very special being the only non-European at the court. Although there is a requirement for study visitors to be from a country of the Council of Europe, they made an exception for me.

 

Do you have any advice to aspiring PhD candidates who are interested in economic, social and cultural rights research? This can include personal, study and career advice.

​

In terms of developing a topic, economic, social and cultural rights is such a rich and important area despite a historic hierarchy that has privileged civil and political rights, over economic, social and cultural rights, which have been less focused on. Lawmakers and policymakers may still see these sets of rights differently so it’s a very interesting area of research which provides academics with a way to contribute to a growing discussion and possibly shed more light on how important and impactful ESCRs are.

​

With your research expertise and career experience, what are your future career plans?

​

I am sticking to my original plan of working in academia, and continuing to research and teach. I will soon start as a lecturer at the University of South Australia. From there, I would like to keep developing my teaching portfolio, my research, and my publications. That is the plan for now and I hope to keep contributing to networks which deal with topics that I work on as well. 

The ESCR Network conference was my first conference as a PhD student in 2019 and I participated again last year after COVID. Being part of the ESCR Network has been a significant part of my PhD journey and it is something I would like to keep contributing to, no longer as a PhD candidate, but hopefully as an early-career scholar now.