Realising Māori Children’s Rights

Abstract

This article argues that the principles of the Convention on the Rights of the Child are of limited relevance, when considering Māori children’s rights. It further argues that law and processes recognising Māori children’s rights should be grounded in the principles of the Declaration on the Rights of Indigenous Peoples and the Treaty of Waitangi. The analysis suggests that realising Māori children’s rights will require decolonisation of youth justice and family justice systems, respect for Māori self-determination and the recognition of Māori children’s collective cultural rights.

Identifying key dimensions of indigenous led child welfare services: A qualitative literature review

“…The majority of the cross-cutting practice and programme dimensions identified in our review, particularly those most consistently identified across studies, align closely with those highlighted in the broader literature on services to Indigenous children, young people and families, including the central importance of relational practices and interventions that support and strengthen connections to culture and cultural identity (Ball & Benoit-Jansson, 2023;Krakouer, 2023;Krakouer et al, 2018;Ritland et al, 2020;Ullrich, 2019), and collectivist understandings of Indigenous children and young people as inseparable from family, community, and tribal networks (O'Keefe et al, 2022). At the programme level, the broader literature also supports our findings regarding the importance of services grounded in Indigenous knowledges (O'Keefe et al, 2022), of robust and trusting partnerships between Indigenous and mainstream and other agencies (Lewis et al, 2023a,b;Jongen et al, 2022), and of policies and practices that honour Indigenous rights, including the fundamental right to self-determination (Cleland, 2022).…”

“…(p. 63): that is, as extensions to, but not fundamentally transformative of, existing systems and practices. (Cleland, 2022;King et al, 2018), or practices that disconnect children's best interests from those of their families and communities (Ullrich, 2019). The findings of this review, in contrast, highlight domains that for Indigenous peoples hold what Whyte terms 'governance value' (p. 63).…”

“…While these services augment culturally appropriate services for Indigenous children they fall far short of respecting Indigenous self‐determination’ (p. 3). Examples include tensions over individualistic versus collectivist understandings of rights (Cleland, 2022; King et al, 2018), or practices that disconnect children's best interests from those of their families and communities (Ullrich, 2019). The findings of this review, in contrast, highlight domains that for Indigenous peoples hold what Whyte terms ‘governance value’ (p. 63).…”

“…As public outrage grows over the harms done to Indigenous children, young people, and families by this ‘long emergency’ (Haight et al, 2018, p. 398), national and state governments in CANZUS countries are increasingly committing to policies and practices aimed at strengthening Indigenous frameworks and leadership in child welfare services (Creamer et al, 2022). Undergirding these efforts is growing recognition of Indigenous sovereignty and rights, as delineated in the United Declaration on the Rights of Indigenous Peoples (UNDRIP) and related national laws and treaties (Cleland, 2022; King et al, 2018).…”