Sentences with phrase «customary approaches to law»

Not exact matches

[55] The international legal approach to equality is one of substantive rather than formal equality: G Triggs, «Australia's Indigenous Peoples and International Law» (1999) 23 Melbourne University Law Review 372 at 379 - 381; also Australian Law Reform Commission, Recognition of Aboriginal Customary Laws, Report No 31 (1986) paras 150, 158.

This change in approach has provided for the creating of «space» within some national land law systems for local customary tenure arrangements to continue to function.

Another possible approach would be to structure measures so that Aboriginal Customary Law is applied in the first instance, with access to mainstream law used as a last resoLaw is applied in the first instance, with access to mainstream law used as a last resolaw used as a last resort.

Given the extent of the problem of family violence and the concerns that Aboriginal Customary Law approaches do not address family violence, the majority of men and women who spoke to HREOC for this submission believed that mainstream law should play a part in addressing domestic violenLaw approaches do not address family violence, the majority of men and women who spoke to HREOC for this submission believed that mainstream law should play a part in addressing domestic violenlaw should play a part in addressing domestic violence.

The international legal approach to equality is one of substantive rather than formal equality: G Triggs, «Australia's Indigenous Peoples and International Law» (1999) 23 Melbourne University Law Review 372 at 379 - 381; also Australian Law Reform Commission, Recognition of Aboriginal Customary Laws, Report No 31 (1986) paras 150, 158.

A staged approach to recognising Aboriginal customary law, including a focus on capacity building within communities, is important to the success of any new measures.

Principle six: A staged approach The implementation of measures to recognise Aboriginal customary law must reflect the capacity of individual communities.

Another possible approach would be to structure measures so that Aboriginal customary law is applied in the first instance, with access to mainstream law used as a last resort.

Generally, these processes seek to incorporate an Aboriginal traditional customary law approach to the sentencing of Aboriginal offenders within the framework of existing legislation.

In addition to the difficulties discussed above in relation to defining customary law in general law, the Commission argued that matters of Aboriginal law could be better considered at the level of local self - government with an emphasis on a flexible approach to developing justice mechanisms.

These developments ultimately strengthen the justifications for recognising Aboriginal Customary Law and provide greater guidance as to approaches for recognising customary law in a manner that is consistent with humaCustomary Law and provide greater guidance as to approaches for recognising customary law in a manner that is consistent with human righLaw and provide greater guidance as to approaches for recognising customary law in a manner that is consistent with humacustomary law in a manner that is consistent with human righlaw in a manner that is consistent with human rights.

Given the issues surrounding the difficulty of defining and codifying Aboriginal law and custom, it is essential that any policy or legislative approaches to recognizing customary law be flexible in response.

As incarceration rates of Indigenous people in countries such as Canada, United States, New Zealand and Australia continue to increase, alternative approaches integrating elements of local customary laws have been investigated and introduced within and to complement western legal systems.

In collaboration with the Aboriginal community, South Australian Magistrate Christopher Vass developed the idea of the court which incorporates the Aboriginal traditional customary law approach to the sentencing of Aboriginal offenders within the framework of existing legislation.

This does not obviate the possibility of acknowledging formal knowledge of the existence of Indigenous legal and political systems at a constitutional level or at the common law, as in the case of Mabo The functional approach advocated by the ALRC enables both the recognition of the continuing existence of Aboriginal law and custom and sufficient flexibility for Aboriginal people to be self - determining in the definition of customary law.

the Government is unable to endorse the approach to customary law in the Council's Declaration as the Government believes all Australians are equally subject to a common set of laws.

[179] The need to ensure a community based approach was highlighted by field work on Aboriginal Customary Law in the Northern Territory conducted by Diane Bell and Pam Ditton.

It should be noted that community consultations primarily with Indigenous women in April 2003 led the Commission to conclude that legislative approaches to facilitate community justice mechanisms based in the recognition of customary law (such as the establishment of a system of Indigenous tribunals) should not be pursued without adequate modeling at a policy level or without extensive consultation and local level participation of Aboriginal communities.