By Sonia Harris-Short
This quantity addresses the contentious and topical factor of aboriginal self-government over baby welfare. utilizing case reports from Australia and Canada, it discusses aboriginal baby welfare in historic and comparative views and severely examines fresh criminal reforms and alterations within the layout, administration and supply of kid welfare providers geared toward securing the 'decolonization' of aboriginal young children and households. inside this context, the writer identifies the restrictions of reconciling the conflicting calls for of self-determination and sovereignty and means that overseas legislations provides extra nuanced and culturally delicate ideas. pertaining to the UN assertion 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 way past the one 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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Extra info for Aboriginal Child Welfare, Self-Government and the Rights of Indigenous Children: Protecting the Vulnerable Under International Law
18 Aboriginal Child Welfare, Self-Government and the Rights of Indigenous Children entity. Self-determination under international law does not constitute an either/or choice between the collective and the individual. In accordance with the normative standards of the international law of human rights, no political community can now claim to enjoy absolute sovereignty over its internal affairs. In the same way, indigenous peoples exercising a right to self-determination will be subject to the same internationally recognized human rights standards and restraints.
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. 27 Nevertheless, in 1939 the Director of Native Affairs was appointed guardian of all Aboriginal children under the age of 21 giving him total control over all aspects of their lives and unfettered powers of removal. 28 In Victoria and NSW, the Protector’s powers were less extensive but still allowed the separation of large numbers of Aboriginal children from their families.
40 The Nisga’a Lisims Government now provides an almost full range of child and family services (guardianship and family support services) to the Nisga’a people but have yet to enact their own child welfare legislation. ca. 41 The Nisga’a Final Agreement came into effect on 11 May 2000. 42 Indeed, Canada is often held out as an exemplar of good practice on Aboriginal issues, a reputation which prompted the focus of this particular study on the ‘progressive’ approach of the Canadian government to Aboriginal child welfare and the implementation of self-government over child welfare in particular.
Aboriginal Child Welfare, Self-Government and the Rights of Indigenous Children: Protecting the Vulnerable Under International Law by Sonia Harris-Short