International law customary adoption: child vs rights of indigenous peoples

被引:0
|
作者
Pare, Mona [1 ,2 ]
机构
[1] Univ Ottawa, Fac Droit, Ottawa, ON, Canada
[2] Univ Ottawa, Sect Droit Civil, Pavillon Fauteux 57,Rue Louis Pasteur, Ottawa, ON K1N 6N5, Canada
来源
REVUE GENERAL DE DROIT | 2011年 / 41卷 / 02期
关键词
Customary adoption; adoption; aboriginal children; individual and collective rights; child rights; aboriginal rights; international human rights law;
D O I
10.7202/1026935ar
中图分类号
D9 [法律]; DF [法律];
学科分类号
0301 ;
摘要
Customary adoption of aboriginal children raises today the question related to its legal recognition, which is claimed by aboriginal peoples. Would international law be in favour of such recognition ? An analysis of the rights of indigenous peoples and the rights of the child protected by international instruments shows that not only is there no attention to this subject, but also that answers lead to confusion. The position of international bodies reinforces the idea of an enduring divide between individual and collective rights. It also suggests that the response provided by international law could be that of a conditional recognition of customary adoption. The author recommends more dialogue between child rights advocates and indigenous groups within international fora.
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页码:611 / 654
页数:44
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