Indigenous Child Welfare Post Bringing Them Home: From Aspirations for Self-Determination to Neo-Liberal Assimilation

Australian Indigenous Law Review, Forthcoming

UTS: Law Research Paper No. 2016/6

30 Pages Posted: 18 Jun 2016 Last revised: 20 Jun 2016

Terri Libesman

University of Technology Sydney, Faculty of Law

Date Written: June 2016

Abstract

This article examines why the human rights framework, recommended by Bringing them home, for reform of contemporary Aboriginal and Torres Strait Islander child welfare has not been effectively implemented almost 20 years post the Stolen Generations Inquiry. It critically examines the difference between a human rights framework for child welfare which embraces principles of self-determination and recognition of plural political values compared with a universal individual rights paradigm. It argues that while there have been deep set difficulties with implementing human rights which are pluralised and political in a liberal legal environment, the neo-liberal political and social values which have ascended post the National Inquiry are incompatible with and directly undercut the human rights framework recommended by the National Inquiry.

Suggested Citation

Libesman, Terri, Indigenous Child Welfare Post Bringing Them Home: From Aspirations for Self-Determination to Neo-Liberal Assimilation (June 2016). Australian Indigenous Law Review, Forthcoming; UTS: Law Research Paper No. 2016/6. Available at SSRN: https://ssrn.com/abstract=2796972

Terri Libesman (Contact Author)

University of Technology Sydney, Faculty of Law ( email )

Sydney
Australia

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