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Aboriginal Child Welfare Self Government And The Rights Of Indigenous Children

Author: Sonia Harris-Short
Publisher: Routledge
ISBN: 1317186133
Size: 50.51 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.

Fragile Freedoms

Author: Steven Lecce
Publisher: Oxford University Press
ISBN: 0190227192
Size: 44.84 MB
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This book is based upon a lecture series inaugurating the new Canadian Museum for Human Rights that took place in Winnipeg, Canada between September 2013 and May 2014. Fragile Freedoms brings together some of the most influential contemporary thinkers on the theory and practice of human rights. The first two chapters, by Anthony Grayling and Steven Pinker, are primarily historical: they trace the emergence of human rights to a particular time and place, and they try to show how that emergence changed the world for the better. The next two chapters, by Martha Nussbaum and Kwame Anthony Appiah, are normative arguments about the philosophical foundations of human rights. The final three chapters, by John Borrows, Baroness Helena Kennedy, and Germaine Greer, are innovative applications of human rights to indigenous peoples, globalization and international law, and women. Wide ranging in its philosophical perspectives and implications, this volume is an indispensable contribution to the contemporary thinking on the rights that must be safeguarded for all people.

The Family In Law

Author: Archana Parashar
Publisher: Cambridge University Press
ISBN: 1108184146
Size: 22.80 MB
Format: PDF
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The Family in Law provides a jurisprudential analysis of current family law, connecting doctrinal discourse with sociological, historical and economic analyses of the institution of family. The law's focus on the nuclear family as the default model is central to the book's discourse, which contains in-depth discussions of the key areas of family law - marriage, divorce, children and property matters. Written for Australian legal actors - whether students, academics or professionals - readers are encouraged to question current frameworks, critique well-known cases and make informed conclusions on whether changes could be made to engender a fairer and more equitable society. In developing doctrinal analysis within a theoretical framework, The Family in Law challenges the conventional boundaries of family law, providing readers with both a solid foundation and a multi-layered perspective to their understanding of the topic.

Indigenous Peoples In International Law

Author: S. James Anaya
Publisher: Oxford University Press, USA
ISBN: 9780195173505
Size: 55.66 MB
Format: PDF, Kindle
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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: 24.91 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.

Protection Of First Nations Cultural Heritage

Author: Catherine Bell
Publisher: UBC Press
ISBN: 0774858591
Size: 35.88 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: 65.11 MB
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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.

Indigenous Nations Rights In The Balance

Author: Charmaine White Face
Publisher:
ISBN: 9780972188685
Size: 39.86 MB
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"Comparing three different versions of the UN Declaration on the Rights of Indigenous Peoples (DRIP), Indigenous Nations' Rights in the Balance analyses the implications of the changes made to DRIP for Indigenous Peoples and Nations. This is a foundational text for Indigenous law and rights and the global struggle of Indigenous Peoples in the face of modern states. Between 1994 and 2007, three different versions of the Declaration on the Rights of Indigenous Peoples were passed by various bodies of the United Nations, culminating in the final version passed by the UN General Assembly. Significant differences exist between these versions--differences that deeply affect the position of all Indigenous Peoples in the world community. In Indigenous Nations' Rights in the Balance, Charmaine White Face gives her well-researched comparative analysis of these versions. She puts side-by-side, for our consideration, passages that change the intent of the Declaration by privileging the power and jurisdiction of nation states over the rights of Indigenous Peoples. As Spokesperson representing the Sioux Nation Treaty Council in UN proceedings, she also gives her insights about each set of changes and their ultimate effect."--Publisher's description.