Should Governments be Above the Law? The Canadian Human Rights Tribunal on First Nations Child Welfare
Many child welfare statutes protect children when caregivers jeopardise their safety and best interests, but what if the risk is sourced in government child welfare policy or practice? Instead of including provisions to hold governments accountable for placing children in harm's way, government...
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Language: | English |
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Cambridge University Press (CUP)
2015
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Online Access: | http://dx.doi.org/10.1017/cha.2015.6 https://www.cambridge.org/core/services/aop-cambridge-core/content/view/S1035077215000061 |
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crcambridgeupr:10.1017/cha.2015.6 2023-06-11T04:11:43+02:00 Should Governments be Above the Law? The Canadian Human Rights Tribunal on First Nations Child Welfare Blackstock, Cindy 2015 http://dx.doi.org/10.1017/cha.2015.6 https://www.cambridge.org/core/services/aop-cambridge-core/content/view/S1035077215000061 en eng Cambridge University Press (CUP) https://www.cambridge.org/core/terms Children Australia volume 40, issue 2, page 95-103 ISSN 1035-0772 2049-7776 Sociology and Political Science Developmental and Educational Psychology Health (social science) journal-article 2015 crcambridgeupr https://doi.org/10.1017/cha.2015.6 2023-05-01T18:20:51Z Many child welfare statutes protect children when caregivers jeopardise their safety and best interests, but what if the risk is sourced in government child welfare policy or practice? Instead of including provisions to hold governments accountable for placing children in harm's way, governments and their agents are largely protected against any systemic maltreatment claims made against them. This paper describes a precedent-setting case before the Canadian Human Rights Tribunal attempting to hold the Canadian federal government accountable for its systemic failure to ensure that First Nations children are protected from maltreatment linked to inequitable federal child welfare funding on reserves. The case is a rare example using an independent judicial mechanism with the authority to make binding orders against the government and enveloping the proceedings in a public education and engagement movement. Implications of the case for child rights in Canada and abroad are discussed. Article in Journal/Newspaper First Nations Cambridge University Press (via Crossref) Canada Children Australia 40 2 95 103 |
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Open Polar |
collection |
Cambridge University Press (via Crossref) |
op_collection_id |
crcambridgeupr |
language |
English |
topic |
Sociology and Political Science Developmental and Educational Psychology Health (social science) |
spellingShingle |
Sociology and Political Science Developmental and Educational Psychology Health (social science) Blackstock, Cindy Should Governments be Above the Law? The Canadian Human Rights Tribunal on First Nations Child Welfare |
topic_facet |
Sociology and Political Science Developmental and Educational Psychology Health (social science) |
description |
Many child welfare statutes protect children when caregivers jeopardise their safety and best interests, but what if the risk is sourced in government child welfare policy or practice? Instead of including provisions to hold governments accountable for placing children in harm's way, governments and their agents are largely protected against any systemic maltreatment claims made against them. This paper describes a precedent-setting case before the Canadian Human Rights Tribunal attempting to hold the Canadian federal government accountable for its systemic failure to ensure that First Nations children are protected from maltreatment linked to inequitable federal child welfare funding on reserves. The case is a rare example using an independent judicial mechanism with the authority to make binding orders against the government and enveloping the proceedings in a public education and engagement movement. Implications of the case for child rights in Canada and abroad are discussed. |
format |
Article in Journal/Newspaper |
author |
Blackstock, Cindy |
author_facet |
Blackstock, Cindy |
author_sort |
Blackstock, Cindy |
title |
Should Governments be Above the Law? The Canadian Human Rights Tribunal on First Nations Child Welfare |
title_short |
Should Governments be Above the Law? The Canadian Human Rights Tribunal on First Nations Child Welfare |
title_full |
Should Governments be Above the Law? The Canadian Human Rights Tribunal on First Nations Child Welfare |
title_fullStr |
Should Governments be Above the Law? The Canadian Human Rights Tribunal on First Nations Child Welfare |
title_full_unstemmed |
Should Governments be Above the Law? The Canadian Human Rights Tribunal on First Nations Child Welfare |
title_sort |
should governments be above the law? the canadian human rights tribunal on first nations child welfare |
publisher |
Cambridge University Press (CUP) |
publishDate |
2015 |
url |
http://dx.doi.org/10.1017/cha.2015.6 https://www.cambridge.org/core/services/aop-cambridge-core/content/view/S1035077215000061 |
geographic |
Canada |
geographic_facet |
Canada |
genre |
First Nations |
genre_facet |
First Nations |
op_source |
Children Australia volume 40, issue 2, page 95-103 ISSN 1035-0772 2049-7776 |
op_rights |
https://www.cambridge.org/core/terms |
op_doi |
https://doi.org/10.1017/cha.2015.6 |
container_title |
Children Australia |
container_volume |
40 |
container_issue |
2 |
container_start_page |
95 |
op_container_end_page |
103 |
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1768386979242704896 |