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 historic and comparative views and significantly examines contemporary criminal reforms and alterations within the layout, administration and supply of kid welfare providers aimed toward securing the 'decolonization' of aboriginal young children and households. inside of this context, the writer identifies the restrictions of reconciling the conflicting calls for of self-determination and sovereignty and means that foreign legislations supplies extra nuanced and culturally delicate strategies. concerning the UN announcement at the Rights of Indigenous Peoples, and the UN conference at the Rights of the kid, it truly is argued that the powerful decolonization of aboriginal baby welfare calls for a trip well past the only factor of kid welfare to the guts of the talk over self-government, self-determination and sovereignty in either nationwide and overseas legislation.

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Rae (2009). ’, Indigenous Law Journal, 7: 1. See also McGillivray, supra note 27, 163–9. 35 For an instructive critique of recent reforms in Manitoba see, C. Bourassa (2010). Summary Review of the Manitoba Child Welfare System for the Saskatchewan Child Welfare Review Report. 36 See Kline (1992), supra note 28, 419–23 and Kline (1995), supra note 28, 137. For an excellent analysis of the limits of trying to work for meaningful change within the existing legal system see P. Monture-Angus (1999).

International law is well-versed in accommodating the complex and interrelated needs of both the individual and the group, whether the group in question is the state or some smaller sub-state 51 The term ‘indigenous peoples’ is most commonly used in international law. Although the correct legal definition of indigenous peoples is contested, it undoubtedly includes the Aboriginal peoples of Canada and Australia. See B. Kingsbury (1998). ‘“Indigenous Peoples” in International Law: A Constructivist Approach to the Asian Controversy’, American Journal of International Law, 92: 414.

16 Aboriginal Child Welfare, Self-Government and the Rights of Indigenous Children of the dominant society. From the perspective of non-native society, this clash of values can, in the most serious cases, give rise to concern that the rights of Aboriginal children are being unlawfully undermined. 50 The principal aim of this book is thus to explore whether, with reference to the particular issue of Aboriginal child welfare and self-government, these conflicting rights and interests can be successfully reconciled.

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