Contemporary Stolen Generations - Human Rights Breaches Against Canadian First Nation's Children Challenged

Jivan, V. & Forster, C. (eds), Feminism in the Subcontinent and Beyond, Eastern Book Company, Lucknow, pp. 363-382, 2014

UTS: Law Research Paper No. 2016/3

13 Pages Posted: 31 Oct 2015 Last revised: 19 May 2016

See all articles by Terri Libesman

Terri Libesman

University of Technology Sydney, Faculty of Law

Date Written: March 1, 2016

Abstract

In February 2007 the First Nations Child and Family Caring Society of Canada (Caring Society) and Assembly of First Nations (AFN) lodged a discrimination claim against Canada under the Canadian Human Rights Act 1985 (CHRA) claiming inequality in funding of child welfare services to First Nations children on reserves. This case, which seven years later is still being litigated, reveals the colonial presumptions which surface when human rights claims challenge the states’ social and economic exercise of power through its monopoly over the distribution of resources. Canada’s attempts to hide behind technical arguments illustrate how fragmentation of legal and moral responsibility and formalistic decision-making serve to deflect attention from and responsibility for the systemic inequalities experienced by Indigenous children.

Suggested Citation

Libesman, Terri, Contemporary Stolen Generations - Human Rights Breaches Against Canadian First Nation's Children Challenged (March 1, 2016). Jivan, V. & Forster, C. (eds), Feminism in the Subcontinent and Beyond, Eastern Book Company, Lucknow, pp. 363-382, 2014; UTS: Law Research Paper No. 2016/3. Available at SSRN: https://ssrn.com/abstract=2683692

Terri Libesman (Contact Author)

University of Technology Sydney, Faculty of Law ( email )

Sydney
Australia

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