By Sonia Harris-Short
This quantity addresses the contentious and topical factor of aboriginal self-government over baby welfare. utilizing case experiences from Australia and Canada, it discusses aboriginal baby welfare in old and comparative views and severely examines fresh criminal reforms and alterations within the layout, administration and supply of kid welfare providers aimed toward securing the 'decolonization' of aboriginal young ones and households. inside this context, the writer identifies the restrictions of reconciling the conflicting calls for of self-determination and sovereignty and means that foreign legislation supplies extra nuanced and culturally delicate suggestions. touching on the UN assertion at the Rights of Indigenous Peoples, and the UN conference at the Rights of the kid, it really is argued that the potent decolonization of aboriginal baby welfare calls for a trip way past the only factor of kid welfare to the guts 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
Under the Constitution, child welfare generally falls within the jurisdiction of the individual provinces but the picture is complicated in the case of Aboriginal children by the fact that the federal government retains exclusive jurisdiction over ‘Indians and lands reserved for Indians’ (The British North America Act 1867, s 91(24)). As will be discussed in Chapter 2, this has created highly damaging jurisdictional disputes over Aboriginal child welfare in Canada. 43 Supra note 1, 575. 44 Ibid.
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.
The Industrial and Reformatory Schools Act 1865 (QLD) required an administrative finding of ‘neglect’ to be established before a child could be sent to an industrial school or 16 Ibid. , 28. , 29. , 72. , 30. , 119. , 120. , 120–21. , 103. Aborigines Act 1905 (WA). , 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.