Perlakuan Terhadap Anak-Anak Indigenous People Dan Tanggung Jawab Negara
), Josina Augustina Yvonne Wattimena(2), Irma Halimah Hanafi(3)
(1) Fakultas Hukum Universitas Pattimura, Ambon, Indonesia
(2) Fakultas Hukum Universitas Pattimura, Ambon, Indonesia
(3) Fakultas Hukum Universitas Pattimura, Ambon, Indonesia
Corresponding Author
Abstract
Introduction: Indigenous peoples continue to face threats to their sovereignty, the sovereignty that is meant is centered on how the state positions indigenous peoples into national policies, by imposing values on indigenous peoples.
Purposes of the Research: To examine and find out whether the treatment of Indigenous People's children in Canada violates the provisions of International Law and to find out how the state's responsibility for the human rights of Indigenous People's children is.
Methods of the Research: This research is a normative juridical law research, with primary and secondary legal materials as a source of law by using the nature of prescriptive research that aims to obtain suggestions on what to do.
Results of the Research: The results of the study show that the treatment of children of indigenous people in Canada violates the provisions of international law, where indigenous children receive treatment from the state in the form of violence or coercion which is contrary to human rights and fundamental freedoms regulated in the ILO (International Labor Organization) Conventions. UNDRIP Declaration (United Nation Declaration of Rights on the Indigenous Peoples), United Nations Convention on the Rights of the Child, then on the International Covenant on Civil and Political Rights) and also to the International Covenant on Economic, Social and Cultural Rights.Keywords
DOI
10.47268/tatohi.v2i9.1429
Published
2022-11-30
How To Cite
@article{TATOHI1429,
author = {Margareta Rahalus and Josina Wattimena and Irma Hanafi},
title = {Perlakuan Terhadap Anak-Anak Indigenous People Dan Tanggung Jawab Negara},
journal = {TATOHI: Jurnal Ilmu Hukum},
volume = {2},
number = {9},
year = {2022},
keywords = {Treatmen; Indigenoues People; Resposibility},
abstract = {Introduction: Indigenous peoples continue to face threats to their sovereignty, the sovereignty that is meant is centered on how the state positions indigenous peoples into national policies, by imposing values on indigenous peoples.Purposes of the Research: To examine and find out whether the treatment of Indigenous People's children in Canada violates the provisions of International Law and to find out how the state's responsibility for the human rights of Indigenous People's children is. Methods of the Research: This research is a normative juridical law research, with primary and secondary legal materials as a source of law by using the nature of prescriptive research that aims to obtain suggestions on what to do.Results of the Research: The results of the study show that the treatment of children of indigenous people in Canada violates the provisions of international law, where indigenous children receive treatment from the state in the form of violence or coercion which is contrary to human rights and fundamental freedoms regulated in the ILO (International Labor Organization) Conventions. UNDRIP Declaration (United Nation Declaration of Rights on the Indigenous Peoples), United Nations Convention on the Rights of the Child, then on the International Covenant on Civil and Political Rights) and also to the International Covenant on Economic, Social and Cultural Rights.},
issn = {2775-619X}, pages = {896--904} doi = {10.47268/tatohi.v2i9.1429},
url = {https://fhukum.unpatti.ac.id/jurnal/tatohi/article/view/1429}
}
Acharya, Deepak; Shrivastava Anshu, Indigenous herbal medicines: tribal formulations and traditional herbal practices, Aavishkar Publishers Distributor, Jaipur, India. 2008. Browne, Sir Thomas, Pseudodoxia Epidemica, Chap X. Of the blacknes of Negroes. University of Chicago. 1646. Josina Augustina Yvone Wattimena, Vondaal Vidya Hattu, Ketahanan Pangan Ketahanan Pangan Masyarakat Adat Sebagai Wujud Pemenuhan Ham Dalam Masa Pandemi Covid-19. Vol 27, Nomor 11, Maret 2001. Mathewson Kent, Drugs, 2004 Moral Geographies, and Indigenous People: Some Initial Mappings and Central Issues. Dangerous Harvest: Drug Plants and the Transformation of Indigenous Landscapes. Oxford University Press. Mohamad Miqdad, Sudahkah Masyarakat Adat Berdaulat. https://www.google.co.id/amp/s/crcs.ugm.ac.id/sudahkah-masyarakat-adat-berdaulat/amp/ Natsu Taylor, Saito, Settler Colonialism, Race, and the Law: Why Structural Racism Persist (eBook). NYU Press. 2020. Soerjono Soekanto, 1986. Pengantar Penelitian Hukum Universitas Indonesia, Jakarta The Minister of Justice and Attorney General of Canada, 2018 ISBN 978-0-660-25093-9. Her Majesty the Queen in Right of Canads. 2018. Principles Respecting the Government of Canada’s Relationship with Indigenous Peoples. Minister of Justice and Attorney General of Canada.
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