Download Aboriginal Child Welfare, Self-Government and the Rights of by Sonia Harris-Short PDF

By Sonia Harris-Short

This quantity addresses the contentious and topical factor of aboriginal self-government over baby welfare. utilizing case reviews from Australia and Canada, it discusses aboriginal baby welfare in historic and comparative views and seriously examines contemporary criminal reforms and alterations within the layout, administration and supply of kid welfare companies aimed toward securing the 'decolonization' of aboriginal teenagers and households. inside this context, the writer identifies the constraints of reconciling the conflicting calls for of self-determination and sovereignty and means that overseas legislations promises extra nuanced and culturally delicate options. touching on the UN assertion at the Rights of Indigenous Peoples, and the UN conference at the Rights of the kid, it really is argued that the powerful decolonization of aboriginal baby welfare calls for a trip well past the one factor of kid welfare to the center of the controversy over self-government, self-determination and sovereignty in either nationwide and foreign legislation.

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Extra resources for Aboriginal Child Welfare, Self-Government and the Rights of Indigenous Children: Protecting the Vulnerable Under International Law

Sample text

32 In the last 20 years that number has continued to grow. In British Columbia (‘BC’), for example, there are now 22 York: Columbia University Press, 118; P. Monture (1989). ‘A Vicious Circle: Child Welfare and the First Nations’, Canadian Journal of Women and the Law, 3: 1; S. Bull (1989). ‘The Special Case of the Native Indian Child’, Advocate, 47: 523; E. Carasco (1986). ’, Canadian Journal of Family Law, 5: 111; J. MacDonald (1985). ‘Child Welfare and the Native Indian Peoples of Canada’, Windsor Yearbook of Access to Justice, 5: 284.

White and E. Jacobs (1992). Liberating Our Children Liberating Our Nations, Report of the Aboriginal Committee, Community Panel Child Protection Legislation Review in British Columbia. British Columbia: Queen’s Printer; M. Kline (1992). ‘Child Welfare Law, “Best Interests of the Child” Ideology and First Nations’, Osgoode Hall Law Journal, 30: 375; M. Kline (1995), ‘Complicating the Ideology of Motherhood: Child Welfare Law and First Nations Women’, in M. Fineman and I. Karpin (eds) Mothers in Law: Feminist Theory and the Legal Regulation of Motherhood.

14 The national framework legislation would also establish a number of core principles and minimum national standards to be implemented across Australia whether or not a community decides to assume self-government over its own child welfare or agrees to continued service delivery by state authorities. Those standards would include the protection of indigenous children’s fundamental human rights and guarantees that in any judicial or administrative decision affecting the care and protection, adoption, or residence of an indigenous child, the child’s welfare would be the paramount consideration.

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