In whose best interest? The Convention on the Rights of the Child and First Nations children.
Author(s) -
Anne Caroline Buenafe
Publication year - 1997
Language(s) - English
Resource type - Dissertations/theses
DOI - 10.24124/1997/bpgub8
Subject(s) - convention , convention on the rights of the child , political science , law , art , human rights
This thesis examines the Convention on the Rights of the Child (the Convention) and its application to First Nations children. Specifically, it will address the issue of whether or not it is an appropriate and effective instrument with which to protect and promote the rights of First Nations children. The situation of First Nations children in Canada will be examined in advance of a critique of the Convention to convey the need for the protection of First Nations children. Undermined by the state and society, can First Nations children rely on international legal recourse to secure a healthy and harmonious environment in which to grow? To determine the answer, this analysis will examine the origins, the universality and the plurality of legal codes in international law. An éinalysis of these three dimensions suggests a rigidity in international law and the Convention with respect to whose rights it promotes and protects. I will examine the Sandra Lovelace Case to determine the practical implications of the Convention on First Nations children. The conclusion suggests that the "best interest of the child" is predetermined by underlying
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