Indigenous Children’s Right to Participate in Law and Policy Development

Indigenous Children’s Right to Participate in Law and Policy Development PDF

Author: Holly Doel-Mackaway

Publisher: Routledge

Published: 2021-09-28

Total Pages: 252

ISBN-13: 1351342630

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This book presents a model for reforming and developing Indigenous related legislation and policy, not only in Australia, but also in other jurisdictions. The model provides guidance about how to seek, listen to and respond to the voices of Indigenous children and young people. The participation of Indigenous children and young people, when carried out in a culturally and age-appropriate way and based on free, prior and informed consent, is an invaluable resource capable of empowering children and young people and informing Indigenous related legislation and policy. This project contributes to the emerging field of robust, ethically sound, participatory research with Indigenous children and young people and proposes ways in which Australian and international legislators and policymakers can implement the principle of children’s participation by involving Aboriginal children and young people in the development of law and policy pertaining to their lives. This book provides accounts from Aboriginal children and young people detailing their views on how they can be involved in law and policy development in the future. It shows the latest state of knowledge on the topic and will be of interest to researchers, academics, policymakers, legislators, and students in the fields of human rights law, children’s rights, participation rights, Indigenous peoples’ law, and family, child and social welfare law.

Indigenous Children's Right to Participate in Law and Policy Development

Indigenous Children's Right to Participate in Law and Policy Development PDF

Author: Holly Doel-Mackaway

Publisher:

Published: 2021

Total Pages: 216

ISBN-13: 9781138564664

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This book presents a model for reforming and developing Indigenous related legislation and policy, not only in Australia, but also in other jurisdictions. The model provides guidance about how to seek, listen to and respond to the voices of Indigenous children and young people. The participation of Indigenous children and young people, when carried out in a culturally and age-appropriate way and based on free, prior and informed consent, is an invaluable resource capable of empowering children and young people and informing Indigenous related legislation and policy. This project contributes to the emerging field of robust, ethically sound, participatory research with Indigenous children and young people and proposes ways in which Australian and international legislators and policymakers can implement the principle of children's participation by involving Aboriginal children and young people in the development of law and policy pertaining to their lives. This book provides accounts from Aboriginal children and young people detailing their views on how they can be involved in law and policy development in the future. It shows the latest state of knowledge on the topic and will be of interest to researchers, academics, policymakers, legislators, and students in the fields of human rights law, children's rights, participation rights, Indigenous peoples' law, and family, child and social welfare law.

Aboriginal Child Welfare, Self-Government and the Rights of Indigenous Children

Aboriginal Child Welfare, Self-Government and the Rights of Indigenous Children PDF

Author: Sonia Harris-Short

Publisher: Routledge

Published: 2016-03-16

Total Pages: 358

ISBN-13: 1317186125

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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.

The Oxford Handbook of Children's Rights Law

The Oxford Handbook of Children's Rights Law PDF

Author: Jonathan Todres

Publisher: Oxford University Press

Published: 2020-02-19

Total Pages: 800

ISBN-13: 0190097612

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Children's rights law is a relatively young but rapidly developing discipline. The U.N. Convention on the Rights of the Child, the field's core legal instrument, is the most widely ratified human rights treaty in history. Yet, like children themselves, children's rights are often relegated to the margins in mainstream legal, political, and other discourses, despite their application to approximately one-third of the world's population and every human being's first stages of life. Now thirty years old, the Convention on the Rights of the Child (CRC) signalled a definitive shift in the way that children are viewed and understood--from passive objects subsumed within the family to full human beings with a distinct set of rights. Although the CRC and other children's rights law have spurred positive changes in law, policies, and attitudes toward children in numerous countries, implementation remains a work in progress. We have reached a state in the evolution of children's rights in which we need more critical evaluation and assessment of the CRC and the large body of children's rights law and policy that this treaty has inspired. We have moved from conceptualizing and adopting legislation to focusing on implementation and making the content of children's rights meaningful in the lives of all children. This book provides a critical evaluation and assessment of children's rights law, including the CRC. With contributions from leading scholars and practitioners from around the world, it aims to elucidate the content of children's rights law, explore the complexities of implementation, and identify critical challenges and opportunities for children's rights law.

Transforming Law and Institution

Transforming Law and Institution PDF

Author: Rhiannon Morgan

Publisher: Routledge

Published: 2016-02-24

Total Pages: 214

ISBN-13: 1317007573

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In the past thirty or so years, discussions of the status and rights of indigenous peoples have come to the forefront of the United Nations human rights agenda. During this period, indigenous peoples have emerged as legitimate subjects of international law with rights to exist as distinct peoples. At the same time, we have witnessed the establishment of a number of UN fora and mechanisms on indigenous issues, including the UN Permanent Forum on Indigenous Issues, all pointing to the importance that the UN has come to place on the promotion and protection of indigenous peoples' rights. Morgan describes, analyses, and evaluates the efforts of the global indigenous movement to engender changes in UN discourse and international law on indigenous peoples' rights and to bring about certain institutional developments reflective of a heightened international concern. By the same token, focusing on the interaction of the global indigenous movement with the UN system, this book examines the reverse influence, that is, the ways in which interacting with the UN system has influenced the claims, tactical repertoires, and organizational structures of the movement.

The Oxford Handbook of Children's Rights Law

The Oxford Handbook of Children's Rights Law PDF

Author: Jonathan Todres

Publisher: Oxford University Press

Published: 2020-02-19

Total Pages: 797

ISBN-13: 0190097620

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Children's rights law is a relatively young but rapidly developing discipline. The U.N. Convention on the Rights of the Child, the field's core legal instrument, is the most widely ratified human rights treaty in history. Yet, like children themselves, children's rights are often relegated to the margins in mainstream legal, political, and other discourses, despite their application to approximately one-third of the world's population and every human being's first stages of life. Now thirty years old, the Convention on the Rights of the Child (CRC) signalled a definitive shift in the way that children are viewed and understood--from passive objects subsumed within the family to full human beings with a distinct set of rights. Although the CRC and other children's rights law have spurred positive changes in law, policies, and attitudes toward children in numerous countries, implementation remains a work in progress. We have reached a state in the evolution of children's rights in which we need more critical evaluation and assessment of the CRC and the large body of children's rights law and policy that this treaty has inspired. We have moved from conceptualizing and adopting legislation to focusing on implementation and making the content of children's rights meaningful in the lives of all children. This book provides a critical evaluation and assessment of children's rights law, including the CRC. With contributions from leading scholars and practitioners from around the world, it aims to elucidate the content of children's rights law, explore the complexities of implementation, and identify critical challenges and opportunities for children's rights law.

Children's Rights and Sustainable Development

Children's Rights and Sustainable Development PDF

Author: Claire Fenton-Glynn

Publisher: Cambridge University Press

Published: 2019-04-18

Total Pages: 425

ISBN-13: 1107193028

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Considers how to implement children's rights in the twenty-first century through a child rights-based approach to sustainable development.

The United Nations Convention on the Rights of the Child

The United Nations Convention on the Rights of the Child PDF

Author: Ton Liefaard

Publisher: BRILL

Published: 2016-11-10

Total Pages: 964

ISBN-13: 9004295054

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This book, based on papers from the conference ‘25 Years CRC’ held by the Department of Child Law at Leiden University, draws together a rich collection of research and insight by academics, practitioners, NGOs and other specialists to reflect on the lessons of the past 25 years, take stock of how international rights find their way into children’s lives at the local level, and explore the frontiers of children’s rights for the 25 years ahead.

Developing Rights of Indigenous Children

Developing Rights of Indigenous Children PDF

Author: Cynthia Price Cohen

Publisher:

Published: 2005-01

Total Pages: 350

ISBN-13: 9781571053503

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December 2004 marked the end of the International Decade of the World's Indigenous Peoples. The Decade, and the UN Working Group on Indigenous Populations, has brought enormous international attention to the situation of Indigenous People. Developing Rights of Indigenous Children is being published now to give interested readers and human rights advocates a valuable insider's view of the recent dramatic accomplishments in this rapidly-evolving field. The book is a collection of essays that are divided into four sections: Background (covering treaties, - such as the Convention on the Rights of the Child, national legislation and tribal law); Important Indigenous Child Issues, (including cultural identity, land rights and health); Regional Indigenous Child Issues (which includes chapters about the issues concerning indigenous children in specific geographic areas, such as Alaska and Venezuela); and Voices of Youth (with essays by indigenous young people who give their views about their present circumstances and hopes for the future), The book's authors are all recognized authorities on indigenous issues and children's rights and include such luminaries as Jaap Doek (Chairperson of the Committee on the Rights of the Child - which monitors the UN Convention on the Rights of the Child) and Wilton Littlechild (Rapporteur for the UN Permanent Forum on Indigenous Issues). The editors, Cynthia Price Cohen and Philip Cook have been at the forefront of the indigenous child rights movement and are recognized authorities on Indigenous children's rights.

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