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Author: Valmaine Toki
Publisher: Routledge
ISBN: 1351239600
Category : Law
Languages : en
Pages : 328
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Book Description
In New Zealand, as well as in Australia, Canada and other comparable jurisdictions, Indigenous peoples comprise a significantly disproportionate percentage of the prison population. For example, Maori, who comprise 15% of New Zealand’s population, make up 50% of its prisoners. For Maori women, the figure is 60%. These statistics have, moreover, remained more or less the same for at least the past thirty years. With New Zealand as its focus, this book explores how the fact that Indigenous peoples are more likely than any other ethnic group to be apprehended, arrested, prosecuted, convicted and incarcerated, might be alleviated. Taking seriously the rights to culture and to self-determination contained in the Treaty of Waitangi, in many comparable jurisdictions (including Australia, Canada, the United States of America), and also in the United Nations Declaration on the Rights of Indigenous Peoples, the book make the case for an Indigenous court founded on Indigenous conceptions of proper conduct, punishment, and behavior. More specifically, the book draws on contemporary notions of ‘therapeutic jurisprudence’ and ‘restorative justice’ in order to argue that such a court would offer an effective way to ameliorate the disproportionate incarceration of Indigenous peoples.
Author: Valmaine Toki
Publisher: Routledge
ISBN: 1351239600
Category : Law
Languages : en
Pages : 328
Get Book Here
Book Description
In New Zealand, as well as in Australia, Canada and other comparable jurisdictions, Indigenous peoples comprise a significantly disproportionate percentage of the prison population. For example, Maori, who comprise 15% of New Zealand’s population, make up 50% of its prisoners. For Maori women, the figure is 60%. These statistics have, moreover, remained more or less the same for at least the past thirty years. With New Zealand as its focus, this book explores how the fact that Indigenous peoples are more likely than any other ethnic group to be apprehended, arrested, prosecuted, convicted and incarcerated, might be alleviated. Taking seriously the rights to culture and to self-determination contained in the Treaty of Waitangi, in many comparable jurisdictions (including Australia, Canada, the United States of America), and also in the United Nations Declaration on the Rights of Indigenous Peoples, the book make the case for an Indigenous court founded on Indigenous conceptions of proper conduct, punishment, and behavior. More specifically, the book draws on contemporary notions of ‘therapeutic jurisprudence’ and ‘restorative justice’ in order to argue that such a court would offer an effective way to ameliorate the disproportionate incarceration of Indigenous peoples.
Author: David Milward
Publisher: UBC Press
ISBN: 0774824581
Category : Social Science
Languages : en
Pages : 332
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Book Description
Aboriginal Justice and the Charter examines and seeks to resolve the tension between Aboriginal approaches to justice and the Canadian Charter of Rights and Freedoms. Until now, scholars have explored idealized notions of what Aboriginal justice might look like. David Milward strikes out into new territory by asking why Aboriginal communities seek reform and by identifying some of the constitutional barriers in their path. He identifies specific areas of the criminal justice process in which Aboriginal communities may wish to adopt different approaches, tests these approaches against constitutional imperatives, and offers practical proposals for reconciling the various matters at stake. This bold exploration of Aboriginal justice grapples with the difficult question of how Aboriginal justice systems can be fair to their constituents but still comply with the protections guaranteed to all Canadians by the Charter.
Author: Law Commission of Canada
Publisher: UBC Press
ISBN: 077484373X
Category : Law
Languages : en
Pages : 189
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Book Description
Although Indigenous peoples had their own systems of law based on their social, political, and spiritual traditions, under colonialism their legal systems have often been ignored or overruled by non-Indigenous laws. Today, however, these legal traditions are being reinvigorated and recognized as vital for the preservation of the political autonomy of Aboriginal nations and the development of healthy communities. The essays in this book present important perspectives on the role of Indigenous legal traditions in reclaiming and preserving the autonomy of Aboriginal communities and in reconciling the relationship between these communities and Canadian governments. Contributors include Andrée Lajoie, Minnawaanagogiizhigook (Dawnis Kennedy), Ghislain Otis, Ted Palys and Wenona Victor, Paulette Regan, and Perry Shawana. Common threads linking the essays include the relationship between Indigenous and Canadian legal orders, the importance of Indigenous legal traditions for Aboriginal communities’ autonomy, and the ways in which these traditions might be recognized and given space in the Canadian legal landscape. In its examination of different aspects of and models for the recognition of Indigenous legal orders, this book addresses important issues relating to legal pluralism. It will be of interest to a wide audience including lawyers and legal academics, teachers, students, policy makers, and members of Aboriginal communities.
Author: S. James Anaya
Publisher:
ISBN: 9780195173505
Category : Law
Languages : en
Pages : 414
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Book Description
In this thoroughly revised and updated edition of the first book-length treatment of the subject, S. James Anaya incorporates references to all the latest treaties and recent developments in the international law of indigenous peoples. Anaya demonstrates that, while historical trends in international law largely facilitated colonization of indigenous peoples and their lands, modern international law's human rights program has been modestly responsive to indigenous peoples' aspirations to survive as distinct communities in control of their own destinies. This book provides a theoretically grounded and practically oriented synthesis of the historical, contemporary and emerging international law related to indigenous peoples. It will be of great interest to scholars and lawyers in international law and human rights, as well as to those interested in the dynamics of indigenous and ethnic identity.
Author: Ben Saul
Publisher:
ISBN: 0199640300
Category : Law
Languages : en
Pages : 1358
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Book Description
Economic, social, and cultural rights are finally coming of age. This book brings together all essential documents, materials, and case law relating to the International Covenant on Economic, Social and Cultural Rights (ICESCR) - one of the most important human rights instruments in international law - and its Optional Protocol. This book presents extracts from primary materials alongside critical commentary and analysis, placing the documents in their wider context and situating economic, social, and cultural rights within the broader human rights framework. There is increasing interest internationally, regionally, and in domestic legal systems in the protection of economic, social, and cultural rights. The Optional Protocol of 2008 allows for individual communications to be made to the UN Committee on Economic, Social and Cultural Rights after its entry into force in 2013. At the regional level, socio-economic rights are well embedded in human rights systems in Europe, Africa and the Americas. At the national level, constitutions and courts have increasingly regarded socio-economic rights as justiciable, narrowing the traditional divide with civil and political rights. This book contextualises these developments in the context of the ICESCR. It provides detailed analysis of the ICESCR structured around its articles, drawing on national as well as international case law and materials, and containing all of the key primary materials in its extensive appendices. This book is indispensible for the judiciary, human rights practitioners, government legal advisers and agencies, national human rights institutions, international organisations, regional human rights bodies, NGOs and human rights activists, academics, and students alike.
Author: Thalia Anthony
Publisher: Routledge
ISBN: 1134620489
Category : Law
Languages : en
Pages : 273
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Book Description
Indigenous People, Crime and Punishment examines criminal sentencing courts’ changing characterisations of Indigenous peoples’ identity, culture and postcolonial status. Focusing largely on Australian Indigenous peoples, but drawing also on the Canadian experiences, Thalia Anthony critically analyses how the judiciary have interpreted Indigenous difference. Through an analysis of Indigenous sentencing remarks over a fifty year period in a number of jurisdictions, the book demonstrates how judicial discretion is moulded to dominant white assumptions about Indigeneity. More specifically, Indigenous People, Crime and Punishment shows how the increasing demonisation of Indigenous criminality and culture in sentencing has turned earlier ‘gains’ in the legal recognition of Indigenous peoples on their head. The recognition of Indigenous difference is thereby revealed as a pliable concept that is just as likely to remove concessions as it is to grant them. Indigenous People, Crime and Punishment suggests that Indigenous justice requires a two-way recognition process where Indigenous people and legal systems are afforded greater control in sentencing, dispute resolution and Indigenous healing.
Author: Marianne O. Nielsen
Publisher: Routledge
ISBN: 0429721056
Category : Social Science
Languages : en
Pages : 304
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Book Description
The historical involvement of Native peoples within the criminal justice system is a narrative of tragedy and injustice, yet Native American experience in this system has not been well studied. Despite disproportionate representation of Native Americans in the criminal justice system, far more time has been spent studying other minority groups. Nat
Author: Sandra M. Bucerius
Publisher:
ISBN: 0199859019
Category : Law
Languages : en
Pages : 961
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Book Description
This title provides comprehensive analyses of current knowledge about the unwarranted disparities in dealings with the criminal justice system faced by some disadvantaged minority groups in all developed countries
Author: Jessie Hohmann
Publisher: Oxford University Press
ISBN: 0191653993
Category : Law
Languages : en
Pages : 731
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Book Description
The rights of indigenous peoples under international law have seen significant change in recent years, as various international bodies have attempted to address the question of how best to protect and enforce their rights. The United Nations Declaration on the Rights of Indigenous Peoples is the strongest statement thus far by the international community on this issue. The Declaration was adopted by the United Nations on 13 September 2007, and sets out the individual and collective rights of indigenous peoples, as well as their rights to culture, identity, language, employment, health, education, and other issues. While it is not a legally binding instrument under international law, it represents the development of international legal norms designed to eliminate human rights violations against indigenous peoples, and to help them in combating discrimination and marginalisation. This comprehensive commentary on the Declaration analyses in detail both the substantive content of the Declaration and the position of the Declaration within existing international law. It considers the background to the text of every Article of the Declaration, including the travaux préparatoire, the relevant drafting history, and the context in which the provision came to be included in the Declaration. It sets out each provision's content, interpretation, its relationship with other principles of international law, and its legal status. It also discusses the significance and outlook for each of the rights analysed. The book assesses the practice of relevant regional and international bodies in enforcing the rights of indigenous peoples, providing an understanding of the practical application of the Declaration's principles. It is an indispensible resource for scholars, students, international organisations, and NGOs working on the rights of indigenous peoples
Author: Chris Cunneen
Publisher: Routledge
ISBN: 1000256634
Category : Social Science
Languages : en
Pages : 244
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Book Description
Aboriginal people are grossly over-represented before the courts and in our gaols. Despite numerous inquiries, State and Federal, and the considerable funds spent trying to understand this phenomenon, nothing has changed. Indigenous people continue to be apprehended, sentenced, incarcerated and die in gaols. One part of this depressing and seemingly inexorable process is the behaviour of police. Drawing on research from across Australia, Chris Cunneen focuses on how police and Aboriginal people interact in urban and rural environments. He explores police history and police culture, the nature of Aboriginal offending and the prevalence of over-policing, the use of police discretion, the particular circumstances of Aboriginal youth and Aboriginal women, the experience of community policing and the key police responses to Aboriginal issues. He traces the pressures on both sides of the equation brought by new political demands. In exploring these issues, Conflict, Politics and Crime argues that changing the nature of contemporary relations between Aboriginal people and the police is a key to altering Aboriginal over-representation in the criminal justice system, and a step towards the advancement of human rights.
