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

By Sonia Harris-Short

This quantity addresses the contentious and topical factor of aboriginal self-government over baby welfare. utilizing case experiences from Australia and Canada, it discusses aboriginal baby welfare in ancient and comparative views and seriously examines contemporary criminal reforms and alterations within the layout, administration and supply of kid welfare providers geared toward securing the 'decolonization' of aboriginal childrens and households. inside this context, the writer identifies the constraints of reconciling the conflicting calls for of self-determination and sovereignty and means that foreign legislations gives you extra nuanced and culturally delicate strategies. bearing on the UN statement at the Rights of Indigenous Peoples, and the UN conference at the Rights of the kid, it's argued that the powerful decolonization of aboriginal baby welfare calls for a trip well past the one factor of kid welfare to the guts of the talk over self-government, self-determination and sovereignty in either nationwide and foreign legislation.

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

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25 A similar model was eventually implemented in Queensland. The Industrial and Reformatory Schools Act 1865 (QLD) required an administrative finding of ‘neglect’ to be established before a child could be sent to an industrial school or 16 Ibid. , 28. , 29. , 72. , 30. , 119. , 120. , 120–21. , 103. Aborigines Act 1905 (WA). , 132. Northern Territory Aboriginals Act 1910. 26 Although providing some protection for the family, in reality this did not constitute any great obstacle to removing the child where the Protector so desired.

14 Ibid. , 73. 19 In Queensland, South Australia, Western Australia and the Northern Territory, the separation of large numbers of Aboriginal children from their families was facilitated by the appointment of the Chief Protector or Director of Native Affairs as the sole legal guardian of all Aboriginal children. 20 The gradual extension of the Chief Protector’s powers over Aboriginal children in South Australia was typical of these developments. A Protector for indigenous peoples was appointed in 1844.

Indigenous Peoples” in International Law: A Constructivist Approach to the Asian Controversy’, American Journal of International Law, 92: 414. 52 See generally, S. Wright (2001). International Human Rights, Decolonisation and Globalisation: Becoming Human. London: Routledge. 53 The UN Declaration on the Rights of Indigenous Peoples was adopted by the General Assembly on 13 September 2007. Four states originally voted against the Convention including Canada and Australia. Australia subsequently formally endorsed the Declaration in April 2009.

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