Child Removal Law Analysis

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Law reflects the society that made them and continues to change and adapt in accordance with society to ensure it continually functions. Between 1936-1954 Courts of Native Affairs were established to hear and decide (taking into account, ‘tribal’ issues) serious crimes where both the perpetrator and victim were Aboriginal. In reality ‘tribal’ issues were no considered and trial processes differed significantly from the trials White Australians were entitled to. The right to a jury and to appeal were to be unheard of in these courts. (RCIADIC, Regional Report of Inquiry into Underlying Issues in Western Australia (1991) ch 2: ‘Historical Perspective: Knowledge of the past to inform the present’) Until the 1950s Aboriginal people were kept…show more content…
By integrating ‘half casts’ into white society, policy makes hoped they would marry white partners and eventually, over time, diminish any traces of Indigenous culture and identity. A graphic example of the impact of child removal policies can be seen through its impact on Malcolm Smith and his family. Malcolm Smith, a child of the Stolen Generation, was taken away after stealing a push bike, the state saw his parents ‘unfit’ and continued to tear apart their once big family. The Royal Commission into Aboriginal Deaths in Custody, Report of the Inquiry into the Death of Malcolm Charles Smith (1989) 1-5 stated…show more content…
Whilst racist attitudes generally resided, what was left was structural racism, meaning the effects of having had such discriminatory legislation, practices and policies to begin, set Aboriginals off on an unequal ‘playing field’ to Non-Indigenous counterparts in many aspects of life. The over-representation of Aboriginals in the criminal justice system can be attributed to structural-racism. In Western Australia, whilst only accounting for 3% of the state’s population, Aboriginals account for a disturbing 40% of the gaol population (Morgan N & Motteram J, Aboriginal People and Justice Services: Plans, programs and delivery, LRCWA, Project No 94, Background Paper No 7 (December 2004) 1, 17). According to the Crime and Justice Statistics for Western Australia: 2003 (Perth: Crime Research) it was recorded that Aboriginal people were eight times more likely than non-Aboriginal people to be victims of violence. Aboriginal women and children are much more likely to be the victims of violence and abuse than non-Indigenous counterparts. “[There is a] need to ensure that Aboriginal women and children are protected from violence and that [they] have an equal voice in matters concerning the criminal justice system.” (Law Reform Commission of Western Australia – Aboriginal Customary Laws Discussion

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