Wednesday, December 11, 2019

Legal Issues for Social Work for Human Right †MyAssignmenthelp.com

Question: Discuss about theLegal Issues for Social Work for Human Right. Answer: In Australia, the Aboriginal people are massively overrepresented in the criminal justice system. They represent only 3 percent of the total population, whereas 28 percent of Australians prison population is Aboriginal. Indigenous makes up to 40 percent of the total population imprisoned for assault offence. The case of overrepresentation is very high in case of Juvenile detention. The factors that accompany an increase in the violence include misuse of alcohol, socio-economic disadvantage, and childhood exposure to violence and abuse etc. The juvenile detention rate for the Aboriginals Torres Strait Islander adult is around 24 times than the non-indigenous(Aboriginal prison rates, 2017). Affirming the rights of indigenous people will create a sense of responsibility within the government system. There is an urgent need to respect and to promote the rights of Indigenous people. This will allow restructuring the political, economic, social and cultural status (Kidd, 2014). Recognizing their rights will create a sense of accomplishment within them. Affirming doctrines and policies will advocate superiority in case when there is overrepresentation in case of criminal justice (Indigenous justice, 2017; Overrepresentation of indigenous peoples in incarceration is a global concern, 2013). Yes, there is overrepresentation of Aboriginals in the criminal justice system that creates a need of a unilateral code of conduct. This is only possible if government stand in favor of the regulations mentioned in UN Charter regarding United Nations Declaration on the Rights of Indigenous Peoples (Indigenous overrepresentation in prisons, 2017). Bolivia became the first country to approve the UN declaration of Indigenous rights as legal right. There is certainly a need to protect rights of Aboriginals criminals especially in case of juvenile justice. As per the recent report by UN, there are disturbing numbers of Aboriginals children behind the bar which creates a worry for Federal government. The punitive measures taken in case of Aboriginals create a need to strengthen the system. This creates an urgency to adopt a uniform legal system to safeguard children. Article 22 specifies that State shall take all measures to protect children and women against any discrimination (Australian Human Right Commission, 2017). Aboriginals are facing problems in understanding the legal rights especially in case to incriminate oneself. They do not have proper access to legal rights and knowledge. Under such a situation there is a necessity to address the rights of Aboriginals through assistance. Racism and discrimination is prevalent in case of Aboriginals right. The main area of discrimination is in the case of the relation between the Aboriginal people and criminal justice system. Aborigines are subject to regular mortification, police bullying and repression (Conifer, 2017). Summary The other side of truth is that the Aboriginal imprisonment rate is very high. Government relies on their departments without providing them with guidance. The legal system is not strong enough to protect Aboriginals against any injustice. Though government has implemented legal rights and has given special rights. But the rate of overrepresentation in the criminal justice system has created a necessity to form a uniform system. In such a scenario there is a necessity to manage equilibrium between the legal system and the UN Charter. References Aboriginal prison rates. (2017).Online. Retrieved from: https://www.creativespirits.info/aboriginalculture/law/aboriginal-prison-rates#axzz4hm9E5mN1 (Accessed on: 22 May 2017) Australian Human Right Commission,(2017). Online. Retrieved from: https://www.humanrights.gov.au/publications/un-declaration-rights-indigenous-peoples-1 (Accessed on: 22 May 2017) Conifer,D.(2017). UN official criticises Australia's 'disturbing' number of Aboriginal children behind bars. Online. Retrieved from: https://www.abc.net.au/news/2017-04-03/un-official-criticises-australias-aboriginal-imprisonment-rates/8412306 (Accessed on: 22 May 2017) Indigenous justice, (2017). Online. Retrieved from: https://www.aic.gov.au/crime_types/in_focus/indigenousjustice.html (Accessed on: 22 May 2017) Indigenous overrepresentation in prisons.(2017). Online. Retrieved from: https://www.balancedjustice.org/indigenous-overrepresentation-in-prisons.html (Accessed on: 22 May 2017) Kidd,J.(2014). Over-representation of Indigenous Australians in prison a catastrophe, says Mick Gooda, the Aboriginal and Torres Strait Islander Social Justice Commissioner. Online. Retrieved from: https://www.abc.net.au/news/2014-12-04/number-of-indigenous-australians-in-prison-a-catastrophe/5945504 (Accessed on: 22 May 2017) Overrepresentation of indigenous peoples in incarceration is a global concern.(2013). Online. Retrieved from: https://www.culturalsurvival.org/news/overrepresentation-indigenous-peoples-incarceration-global-concern (Accessed on: 22 May 2017)

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