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Vol 21 No 9 Sept/Oct 2016

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Goode on Commercial Law

Edited by: Ewan McKendrick
Price: £170.00

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Aboriginal Child Welfare, Self-government and the Rights of Indigenous Children: Protecting the Vulnerable Under International Law

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ISBN13: 9781409419549
Published: January 2012
Publisher: Ashgate Publishing Ltd
Country of Publication: UK
Format: Hardback
Price: £95.00

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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.

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Part 1 Introduction; Introduction.
Part 2 Aboriginal Child Welfare in Australia and Canada: The colonization of Aboriginal children and families; Reforming the Australian and Canadian child welfare systems - sensitization and accommodation.
Part 3 Self-Government over Aboriginal Child Welfare - Lessons from Canada: The promise and risks of Aboriginal self-government over Aboriginal child welfare; The right to self-government and protecting the vulnerable - balancing rights under Canadian constitutional law.
Part 4 Broadening Horizons: Indigenous Peoples, Self-Determination and Protecting Children's' Rights under International Law: Indigenous peoples, self-determination and self-government in international law; Protecting the vulnerable within the framework of self-determination.
Part 5 Conclusions: Conclusion; Bibliography; Index.