Potential Obstacles Under OP3-CRC to Redress for Violation of Indigenous Children’s Social and Cultural Rights

Abstract

Indigenous children are often subjected to systemic violations of their basic human rights (frequently with grave consequences) including infringement of their inter-connected economic, social and cultural rights. We will here review two domestic custody cases that engage a multitude of children’s fundamental rights and raise the question of (i) indigenous children’s right to their culture and community and (ii) who determines what constitutes the child’s culture and community and by what criteria especially where there are competing claims regarding the proper calculus in determining best interests of the indigenous child.