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Aboriginal Child Welfare Self Government And The Rights Of Indigenous Children

Author: Sonia Harris-Short
Publisher: Routledge
ISBN: 1317186133
Size: 69.46 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.

From Recognition To Reconciliation

Author: Patrick Macklem
Publisher: University of Toronto Press
ISBN: 1442628855
Size: 59.75 MB
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In From Recognition to Reconciliation, twenty leading scholars reflect on the continuing transformation of the constitutional relationship between Indigenous peoples and the Canadian state.

Fragile Freedoms

Author: Steven Lecce
Publisher: Oxford University Press
ISBN: 0190227192
Size: 69.83 MB
Format: PDF
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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.

Indigenous Peoples As Subjects Of International Law

Author: Irene Watson
Publisher: Taylor & Francis
ISBN: 1317240669
Size: 27.93 MB
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For more than 500 years, Indigenous laws have been disregarded. Many appeals for their recognition under international law have been made, but have thus far failed – mainly because international law was itself shaped by colonialism. How, this volume asks, might international law be reconstructed, so that it is liberated from its colonial origins? With contributions from critical legal theory, international law, politics, philosophy and Indigenous history, this volume pursues a cross-disciplinary analysis of the international legal exclusion of Indigenous Peoples, and of its relationship to global injustice. Beyond the issue of Indigenous Peoples’ rights, however, this analysis is set within the broader context of sustainability; arguing that Indigenous laws, philosophy and knowledge are not only legally valid, but offer an essential approach to questions of ecological justice and the co-existence of all life on earth.

Indigenous Peoples In International Law

Author: S. James Anaya
Publisher: Oxford University Press, USA
ISBN: 9780195173505
Size: 33.30 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.

Aboriginal Justice And The Charter

Author: David Milward
Publisher: UBC Press
ISBN: 0774824581
Size: 17.11 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.

Reflections On The Un Declaration On The Rights Of Indigenous Peoples

Author: Stephen Allen
Publisher: Bloomsbury Publishing
ISBN: 1847316239
Size: 77.38 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.

People Politics And Child Welfare In British Columbia

Author: Leslie T. Foster
Publisher: UBC Press
ISBN: 0774840978
Size: 50.17 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.