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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 reports from Australia and Canada, it discusses aboriginal baby welfare in ancient and comparative views and seriously examines fresh felony reforms and alterations within the layout, administration and supply of kid welfare prone aimed toward securing the 'decolonization' of aboriginal little ones and households. inside of this context, the writer identifies the constraints of reconciling the conflicting calls for of self-determination and sovereignty and means that foreign legislation provides extra nuanced and culturally delicate suggestions. bearing on the UN announcement 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 way past the one factor of kid welfare to the center of the controversy 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

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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. Whether those standards and restraints can be reconciled to the cultural worldview of indigenous peoples remains an issue of deep concern.

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. Whether those standards and restraints can be reconciled to the cultural worldview of indigenous peoples remains an issue of deep concern. However, it is, to put it no higher than this, clearly encouraging that within the particular sphere of children’s rights, the United Nations Convention on the Rights of the Child, 1989 (‘UNCRC’), signals a clear commitment by the UN to finding a more culturally sensitive and inclusive approach to the creation, interpretation and implementation of international human rights law.

15 As J. W. Bleakley, Chief Protector and Director of Native Affairs in Queensland between 1913 and 1942 explained: Few realise the value of work done by missions. , 28. 11 Ibid. , 57. , 28. 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.

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