Making Space for Indigenous Justice in the Child Welfare and Protection Context
The Bringing Them Home report clearly demonstrates that colonial intrusion into Aboriginal family life is both a dark chapter in Australia’s shameful past and an ongoing problem for the Australian state. The report offered recognition of past injustices and symbolic atonement for the misdeeds of colonisation, while simultaneously calling for a transformation of the current policies and practices that operate to exclude Aboriginal people from decision-making processes relating to the care and protection of their children (National Inquiry into the Separation of Aboriginal and Torres Strait Islander Children from Their Families [NISATSIC] 1997, Recommendation 43). In so doing, it called attention to the fact that Aboriginal children remain significantly over-represented within the child protection system across all jurisdictions.
- M. Bamblett and P. Lewis (2007) ‘Detoxifying the Child and Family Welfare System for Australian Indigenous Peoples: Self-determination, Rights and Culture as Critical Tools’, First Peoples Child and Family Review, 3(3), 43–56.Google Scholar
- L. Behrendt (1995) Aboriginal Dispute Resolution: A Step Towards Self-determination and Community Autonomy, (Leichhardt: The Federation Press).Google Scholar
- R. Best (2011) ‘Aboriginal Care Circles: Putting Principles into Practice’, A paper presented to the Australasian Institute of Judicial Administration Conference on Child Protection in Australia and New Zealand, 5–7 May 2011, Brisbane.Google Scholar
- H. Boxall, A. Morgan, and K. Terer (2012) ‘Evaluation of the Family Group Conferencing pilot program’, Research and Public Policy Series 121, (Canberra: Australian Institute of Criminology), http://www.aic.gov.au/media_library/publications/rpp/121/rpp121.pdf, date accessed 12 June 2017.Google Scholar
- J. Butler and A. Athanasiou (2013) Dispossession: The Performative in the Political, (Cambridge: Polity Press).Google Scholar
- R. Chisholm (1998) ‘Placement of Indigenous Children: Changing the Law’, UNSW Law Journal, 21 (1), 208–212.Google Scholar
- N. Fraser and A. Honneth (2003) Redistribution or Recognition?: A Political-Philosophical Exchange, (J. Golb, J. Ingram and C. Wilke trs) (New York: Verso).Google Scholar
- H. Goodall (2008) Invasion to Embassy: Land in Aboriginal Politics in New South Wales, 1770–1972, (Sydney: Sydney University Press).Google Scholar
- S. Harris-Short (2012) Aboriginal Child Welfare, Self-Government and the Rights of Indigenous Children, (Surrey: Ashgate).Google Scholar
- T. Libesman (2014) Decolonising Indigenous Child Welfare: Comparative Perspectives, (New York: Routledge).Google Scholar
- A. Morgan, H. Boxall, K. Terer and N. Harris (2012) ‘Evaluation of alternative dispute resolution initiatives in the care and protection jurisdiction of NSW Children’s Court’, Research and Public Policy Series 118, (Canberra: Australian Institute of Criminology), http://www.aic.gov.au/media_library/publications/rpp/118/rpp118.pdf, date accessed 12 June 2017.
- National Inquiry into the Separation of Aboriginal and Torres Strait Islander Children from Their Families (NISATSIC) (1997) ‘Bringing Them Home: Report of the National Inquiry into the Separation of Indigenous Children from their Families’ (Sydney: Human Rights and Equal Opportunity Commission).Google Scholar
- New South Wales Government (2011) ‘NSW Care Circles Procedure Guide’, Department of Justice, http://www.childrenscourt.justice.nsw.gov.au/Documents/care_circles_procedure_guide_website_version.pdf, date accessed 12 June 2017.
- C. Taylor (1991) The Malaise of Modernity, (Toronto: Anansi Press).Google Scholar
- C. Taylor (1994) ‘The Politics of Recognition’, in A. Guttman (ed.), Re-examining the Politics of Recognition, (Princeton: Princeton University Press), 25–73.Google Scholar
- V. Thompson (2015) ‘“The Master’s Tools Will Never Dismantle the Master’s House”: Reading France’s Recognition Politics through Fanon’s Critique of Whiteness and Coloniality’, in V. Watson, D. Howard-Wagner, and L. Spanierman (eds), Unveiling Whiteness in the Twenty-First Century, (London: Lexington Books).Google Scholar
- J. Tully (2004) ‘Recognition and Dialogue: The Emergence of a New Field’ Critical Review of International Social and Political Philosophy, 7(3), 84–106.Google Scholar
- D. Turner (2006) This is Not a Peace Pipe: Towards a Critical Indigenous Philosophy, (Toronto: University of Toronto Press).Google Scholar
- M. Williams (2014) ‘Introduction: On the Use and Abuse of Recognition in Politics’ in A. Eisenberg, J. Webber, A. Boisselle, and G. Coulthard (eds), Recognition Versus Self-Determination: Dilemmas of Emancipatory Politics, (Vancouver: UBC Press).Google Scholar
- J. Wood (2008) Special Commission of Inquiry into Child Protection Services in NSW, (Sydney: New South Wales Government).Google Scholar