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

This volume addresses the contentious and topical issue of aboriginal self-government over child welfare. It focuses on Canada and Australia to examine the fundamental changes in the design, management and delivery of child welfare and protection services within aboriginal communities. The role of international law as a potentially more sensitive solution is also explored. It is argued that the effective implementation of such changes 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.

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.