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  • Level: GCSE
  • Subject: Law
  • Word count: 4762

Australian Aboriginals

Extracts from this document...

Introduction

Part 1 B: Outline the nature of the disadvantage faced by people in this group. (5 marks) The nature of aboriginal disadvantage is complex issue. The nature extends to all areas of social issues such as health, native title, criminal justice, discrimination and unemployment. The nature of the disadvantage can be seen through the lack of education and access aboriginal communities have to health care; closely linked with the isolated communities. The impact of low health standards can be seen in strong comparison with non-indigenous age expectancy; almost a 20 year age gap. Native title symbolises a major struggle towards equal rights this includes the forced removal of aboriginal children, the debased culture as a result of historical decisions it also includes the issue of self-determination and the complex issue of sacred sites. Through landmark cases such as the Mabo case (1992) and the Wik case (1996) the nature of this disadvantage is slowly improving but is still an apparent issue within aboriginal communities. Criminal justice exposes the disadvantage of aboriginals. Within the current law there are many conflicts between both aboriginal and state law. Aboriginals also have a relatively high prison population rate (20%) and as a result a major issue with deaths in custody. Furthermore crime rates and violence in isolated aboriginal communities are high. Discrimination based on race is linked strongly with this minority group; the legal system has attempted to correct this through legislation such as the Anti-Discrimination Act 1991. Education is a common factor when outlining the nature of disadvantage within minority groups. The education retention rate is 1/4 of the rate of non-indigenous. The low education standards within aboriginal communities can be seen to create disadvantage in areas such as employment and therefore poverty. It is clear that the aboriginal community is strongly disadvantage; even more so when compared to the non-indigenous community. The social issues such as health, education, crime, violence, substance abuse and unemployment can all be seen to heavily link with the toxic environments of remote aboriginal communities. ...read more.

Middle

Reparation has 5 parts: 6. Government acknowledgement of the truth and apology. 7. Guarantees that these human rights will not be repeated. 8. Reunite families as much as possible 9. Rehabilitation in forms such as counselling 10. Compensation. The people affected by the 1909 legislation are disadvantaged within the modern context, socially, economically and politically. The issues that stemmed from eh stolen generation are apparent in many of the remote aboriginal communities today. In 2007 the government responded to this indigenous issue with new legislation; hoping to eliminate the issues resulting from previous government mistakes. The legislation that was introduced was the Northern Territory Response Act (2007). The Eleven proposed measures of the act include: * Deployment of additional police to affected communities * New restrictions on alcohol and drugs * pornography filters on publicly funded computers * Compulsory acquisition of townships currently held under the title provisions of the Native Title Act 1993 through five year leases with compensation on a basis other than just terms. (The number of settlements involved remains unclear.) * Commonwealth funding for provision of community services * Removal of customary law and cultural practice considerations from bail applications and sentencing within criminal proceedings * Suspension of the permit system * Quarantining of a proportion of welfare benefits to all recipients in the designated communities and of all benefits of those who neglect their children * The abolition of the Community Development Employment Projects (CDEP). This legislation was designed to stabiles the northern territory region and provide protection of aboriginal people. However due to the sensitive nature of the issue aboriginal communities were strongly apposed to this forced reaction from the government and many protests arose as a direct result to the introduction of this act. Part 3 A: Interpret 10 pieces of statistical evidence that relates to your focus study. "Thirty eight percent reported that they has either been removed themselves and/or had relatives who, as a child, had been removed from their natural family." ...read more.

Conclusion

And the language barrier "1 in 8 aboriginals speak traditional language at home." It has resulted in an ineffective legal system when handling indigenous affairs. The lack of education allows for the continuation of the poverty cycle. The lack of knowledge of the legal system has resulted in the large crime and violence within the aboriginal communities. The low level of education create a high disadvantage as the aboriginal youths are not provided the same employment opportunities to those in higher education therefore resulting in the inability to become independent and also links closely with the unemployment and furthermore the large socio-economic disadvantage. The complex terminology used when discussing legal issues is confusing for most Australia's, even more so for indigenous people who speak traditionally and are not fluent in the technical jargon. Furthermore resulting in a major justice issue as it can be seen to link with the high rate of incarceration due to lack of understanding of the legal process. i Gordon, S., Hallahan, K. & Henry, D. (2002) Putting the picture together: inquiry into Response by Government Agencies to Complaints of Family Violence and Child Abuse in Aboriginal Communities, Departments of Premier and Cabinet, Western Australia. ii ABS) Australian Bureau of Statistics (2001), 4704.0 The health and welfare of Australia's aboriginal and Torres strait islander peoples. http://www.abs.gov.au/ausstats/abs%40.nsf/b06660592430724fca2568b5007b8619/ (Accessed 5/10/2008) iii ABS) Australian Bureau of Statistics (2001), 4704.0 The health and welfare of Australia's aboriginal and Torres strait islander peoples. http://www.abs.gov.au/ausstats/abs%40.nsf/b06660592430724fca2568b5007b8619/ (Accessed 5/10/2008) iv ABS) Australian Bureau of Statistics (2001), 4704.0 The health and welfare of Australia's aboriginal and Torres strait islander peoples. http://www.abs.gov.au/ausstats/abs%40.nsf/b06660592430724fca2568b5007b8619/ (Accessed 5/10/2008) v (ABS) Australian Bureau of Statistics (2001), 4704.0 The health and welfare of Australia's aboriginal and Torres strait islander peoples. http://www.abs.gov.au/ausstats/abs%40.nsf/b06660592430724fca2568b5007b8619/ (Accessed 5/10/2008) vi Garbarion, J. (1995) Raising Children in a Socially Toxic Environment, Jossey Bass Publishers, San Francisco. vii Fitzgerald, T . (2001) Cape York Justice Study, Volume 1, Volume 2: The Situation of Cape York Indigenous Communities, Volume 3: Appendices and Attachments, November, Advanced Copy. ?? ?? ?? ?? ...read more.

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