Recognition of first nations peoples rights, reconciliation and public policy: Analysis of the australian case

• Autor(a) principal: Teixeira Delgado, Ana Paula
• Data de Publicação: 2023
• Outros Autores: Gaulia, Cristina Tereza
• Tipo de documento: Artigo
• Idioma: por
• Título da fonte: Direito em Movimento (Rio de Janeiro. Online)
• Texto Completo: https://ojs.emerj.com.br/index.php/direitoemmovimento/article/view/559
• topic: direitos humanos; austrália; povos aborígenes; human rights; australia; aboriginal peoples

The historical development of Australia was profoundly marked by the marginalization of the native peoples, which are the continental aborigines and the peoples that inhabit the island of the Torres Strait, in the northern part of the country. The English colonial process resulted in prolonged violence against these peoples and resulted in a drastic population decline and racial segregation. The remnants of colonialism remained in political and social structures, culminating in the kidnapping of children and teenagers for acculturation, which gave rise to the so called “stolen generations”. Despite the exclusion and invisibilization process, the Australian government, mobilized by indigenous organizations, has been recognizing the rights of these groups in the legislation and promoted the so called “acknowledgement”, that is, the recognition of their rights and historical reparation for the violations suffered, through the adoption of measures, laws and the implementation of public policies. However, despite the advances and the implementation of inclusion programs, the need for assuring rights remains at the constitutional level, constituting an emblematic case about the difficulty of first nations protection in the state framework