The International Convention on the Prevention and...

In the 1830s and ending in the early 1970s, many aboriginal children were forcibly taken from their families, as the European settlement recognised Aboriginal’s for being flora and fauna and deemed them to be feral. European settlers aim was to supposedly enforce Aboriginal’s to be civil by assimilating them into European society and culture. However this was not the case as it was an excuse to wipe out the Aboriginal race and culture, which was ordered by the Australian Government at the time. The Government’s policies and practices regarding the removal of children, the ill treatment and the continuing effects eradicated many aboriginal generations. Government authorities claimed legal guardianship of all Indigenous children and†¦show more content†¦The Chief Protector of Aborigines was made as a legal guardian of indigenous children until the age of eighteen, regardless of the existence of their parents. The Aboriginal plaintiffs in this case argu ed the validity of the Ordinance covering many grounds. For instance, the plaintiffs argued that the Ordinance breached the protection of the freedom of religion in section 116 of the Constitution, it overstepped the freedom of movement from state to state, authorising automatic detention of children that was a decision that should have been made by a court and breached the International Convention on the Prevention and Punishment of the Crime of Genocide. However the court found that the International Convention on the Prevention and Punishment of the Crime of Genocide only came into effect in 1951 and the Ordinance was in force in 1918, which bought the court to reject the claim as the Ordinance had no such written explanation pointing to genocide. As Justice Dawson noted the decision that there was a degree of equality that was lacking in the claim made by the plaintiffs as there was no such description relating to the degree of genocide that was described in the Aboriginal Ordinance 1918. Even though the Aboriginal Ordinance did not state an act of genocide to be authorised throughout the order, Justice Dawson stated one of the observation’s thatShow MoreRelatedThe And Punishment Of The United Nations1640 Words   |  7 Pagesfrom punishment or freedom from the injurious consequences of an action. More specific, it refers to the failure to bring perpetrators of human rights violations to justice, thus denying victims the right to justice and restoration. These violators may be government officials or private individuals and they are often protected by special jurisdictions, sanctions, immunities, or amnesties. In 1945, at the Nuremberg Trials, which judged the accused war criminals of Nazi Germany, the international communityRead MorePhilosophy 381 : Genocide, Language And Power1319 Words   |  6 PagesPHILOSOPHY 381: GENOCIDE,LANGUAGE AND POWER Professor: Lynne Tirrell 5th October, 2015 We Wish to Inform[Question 1] How many people need to be killed before a crisis becomes a genocide? How many sections of article 2 Of the UN convention needs to occur to be considered a genocide? Is the sterilization of hundreds of Puerto rico women taking imposing measures intended to prevent births within the group considered Genocide? Is police targeting and killing certain grips of people more often a formRead MoreViolations of Human Rights Essay1122 Words   |  5 Pagesthe Gates The film, Beyond the Gates, shows audiences the horror that took place during the Rwandan genocide. 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