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Aboriginal Child Welfare Self Government And The Rights Of Indigenous Children

Author: Sonia Harris-Short
Publisher: Routledge
ISBN: 1317186133
Size: 24.83 MB
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This volume addresses the contentious and topical issue of aboriginal self-government over child welfare. Using case studies from Australia and Canada, it discusses aboriginal child welfare in historical and comparative perspectives and critically examines recent legal reforms and changes in the design, management and delivery of child welfare services aimed at securing the 'decolonization' of aboriginal children and families. Within this context, the author identifies the limitations of reconciling the conflicting demands of self-determination and sovereignty and suggests that international law can provide more nuanced and culturally sensitive solutions. Referring to the UN Declaration on the Rights of Indigenous Peoples, and the UN Convention on the Rights of the Child, it is argued that the effective decolonization of aboriginal child welfare requires a journey well beyond the single issue of child welfare to the heart of the debate over self-government, self-determination and sovereignty in both national and international law.

Indigenous Peoples In International Law

Author: S. James Anaya
Publisher: Oxford University Press, USA
ISBN: 9780195173505
Size: 24.27 MB
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In this thoroughly revised and updated edition of the first book-length treatment of the subject, S. James Anaya incorporates references to all the latest treaties and recent developments in the international law of indigenous peoples. Anaya demonstrates that, while historical trends in international law largely facilitated colonization of indigenous peoples and their lands, modern international law's human rights program has been modestly responsive to indigenous peoples' aspirations to survive as distinct communities in control of their own destinies. This book provides a theoretically grounded and practically oriented synthesis of the historical, contemporary and emerging international law related to indigenous peoples. It will be of great interest to scholars and lawyers in international law and human rights, as well as to those interested in the dynamics of indigenous and ethnic identity.

People Politics And Child Welfare In British Columbia

Author: Leslie T. Foster
Publisher: UBC Press
ISBN: 0774840978
Size: 52.90 MB
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People, Politics, and Child Welfare in British Columbia traces the evolution of policies and programs intended to protect children in BC from neglect and abuse. Analyzing this evolution reveals that child protection policy and practice has reflected the priorities of politicians and public servants in power. With few exceptions, efforts to establish effective programs have focused on structural arrangements, staffing responsibilities, and rules to regulate the practice of child welfare workers. Contributors to this book conclude that these attempts have been unsuccessful thus far because they have failed to address the impact of poverty on clients. The need to respect the cultural traditions and values of First Nations clients has also been ignored. Effective services require recognizing and remedying poverty's impact, establishing community control over services, and developing a radically different approach to the day-to-day practice of child welfare workers. People, Politics, and Child Welfare in British Columbia provides a crucial assessment of the state of child welfare in the province. Practitioners, scholars, and students in social work, child and youth care, education, and other human-service professions will find this book particularly important.

Reflections On The Un Declaration On The Rights Of Indigenous Peoples

Author: Stephen Allen
Publisher: Bloomsbury Publishing
ISBN: 1847316239
Size: 49.10 MB
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The adoption of the Declaration on the Rights of Indigenous Peoples by the United Nations General Assembly on 13 September 2007 was acclaimed as a major success for the United Nations system given the extent to which it consolidates and develops the international corpus of indigenous rights. This is the first in-depth academic analysis of this far-reaching instrument. Indigenous representatives have argued that the rights contained in the Declaration, and the processes by which it was formulated, obligate affected States to accept the validity of its provisions and its interpretation of contested concepts (such as 'culture', 'land', 'ownership' and 'self-determination'). This edited collection contains essays written by the main protagonists in the development of the Declaration; indigenous representatives; and field-leading academics. It offers a comprehensive institutional, thematic and regional analysis of the Declaration. In particular, it explores the Declaration's normative resonance for international law and considers the ways in which this international instrument could catalyse institutional action and influence the development of national laws and policies on indigenous issues.

Protection Of First Nations Cultural Heritage

Author: Catherine Bell
Publisher: UBC Press
ISBN: 0774858591
Size: 67.90 MB
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Indigenous peoples around the world are seeking greater control over tangible and intangible cultural heritage. In Canada, issues concerning repatriation and trade of material culture, heritage site protection, treatment of ancestral remains, and control over intangible heritage are governed by a complex legal and policy environment. This volume looks at the key features of Canadian, US, and international law influencing indigenous cultural heritage in Canada. Legal and extralegal avenues for reform are examined and opportunities and limits of existing frameworks are discussed. Is a radical shift in legal and political relations necessary for First Nations concerns to be meaningfully addressed?

Aboriginal Justice And The Charter

Author: David Milward
Publisher: UBC Press
ISBN: 0774824581
Size: 71.10 MB
Format: PDF
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Aboriginal Justice and the Charter examines and seeks to resolve the tension between Aboriginal approaches to justice and the Canadian Charter of Rights and Freedoms. Until now, scholars have explored idealized notions of what Aboriginal justice might look like. David Milward strikes out into new territory by asking why Aboriginal communities seek reform and by identifying some of the constitutional barriers in their path. He identifies specific areas of the criminal justice process in which Aboriginal communities may wish to adopt different approaches, tests these approaches against constitutional imperatives, and offers practical proposals for reconciling the various matters at stake. This bold exploration of Aboriginal justice grapples with the difficult question of how Aboriginal justice systems can be fair to their constituents but still comply with the protections guaranteed to all Canadians by the Charter.

Connecting Social Welfare Policy To Fields Of Practice

Author: Ira C. Colby
Publisher: John Wiley & Sons
ISBN: 9781118177006
Size: 44.18 MB
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Invaluable guidance and advice for creating positive changein social policy Edited by a team of renowned experts, Connecting SocialWelfare Policy to Fields of Practice features contributionsfrom leaders in this field providing a variety of perspectives ondifferent topics. This visionary guide equips social workers toproactively engage in policy practice to influence specificpolicies. Designed as a social welfare policy practice text forundergraduate and graduate students in social work programs, thisbook meets the Council on Social Work Education's (CSWE)Educational Policy and Accreditation Standards (EPAS). Each chapter begins with an overarching question and "what if"scenarios, and ends with a set of suggested key terms, onlineresources, and discussion questions. Connecting Social Welfare Policy to Fields of Practiceaddresses specific populations within a wide variety of practicearenas, including: Social welfare policy and politics Aging in the United States Public mental health policy in the United States Disability policy development Health-care policy Urban housing policy Child welfare policy Redefining the welfare state in a global economy Global in context, Connecting Social Welfare Policy to Fieldsof Practice encourages those in the social work profession tobecome directly engaged with individuals, families, groups, andcommunities in the crafting of impartial public policies formarginalized members of society.

The Bowl With One Spoon The American Empire And The Fourth World

Author: Tony Hall
Publisher: McGill-Queen's Press - MQUP
ISBN: 0773523324
Size: 20.60 MB
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How should citizens of the world respond to the emergence of the United States as the planet's sole superpower and the military, commercial, and cultural centre of a new kind of global empire? This question poses the central dilemma of our time: How can we elaborate a global rule of law based on principles of equality and democracy when the world's most powerful polity seemingly acknowledges no higher authority in the international arena than its own domestic priorities? For Anthony Hall the answer lies in the concept of the Fourth World, an inclusive intellectual tent covering a wide range of movements whose leaders have sought to implement alternative visions of globalization to those that have prevailed since the Columbian conquests began in 1492. Its basic principles include recognition of the inherent rights of all peoples to self-determination and an enlightened embrace of the ecology of biocultural diversity. role of the United States began at its founding. The Royal Proclamation of 1763, which offered a qualified recognition of Aboriginal and treaty rights, infuriated many Anglo-American colonists. Their resulting sense of grievance was articulated in the Declaration of Independence which proclaims the inalienable rights of all men even as it accuses King George III of having endeavoured to bring on the inhabitants of our frontiers the merciless Indian savages. The United States has never faced, let alone resolved, this fundamental contradiction in its founding document. This failure manifested itself in the lawlessness and militarism that characterized US treatment of Indigenous peoples in the most formative phase of the country's frontier expansionism. The exclusion of savages from the republic's founding ideals of human equality came increasingly to permeate US foreign policy, culminating in the ethnic and religious prejudices colouring the so-called War on Terrorism. policies toward Aboriginals that have done much to shape the interconnected histories of the United States, Canada, Latin America, South Africa, Australia, New Zealand, and many other countries.