Rethinking Access to Justice for Indigenous Peoples

Allison, Fiona, and Cunneen, Chris (2023) Rethinking Access to Justice for Indigenous Peoples. In: Newman, Daniel, and Gordon, Faith, (eds.) Access to Justice in Rural Communities: Global Perspectives. Bloomsbury Publishing, Oxford, United Kingdom, pp. 71-84.

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[Extract] This chapter focuses on Indigenous peoples and access to justice. It shows that access to justice is particularly limited for Indigenous peoples living in rural and remote areas. Further, the chapter argues that access to justice must be conceptualised to incorporate Indigenous rights, most importantly the right to self-determination. Finally, we make some suggestions about improving access to justice for Indigenous peoples living in rural and remote areas. While the chapter concentrates in particular on First Nations peoples within Australia, we begin by drawing attention to the wider position of Indigenous peoples globally. According to the United Nations, there are over 476 million Indigenous peoples living in more than 90 countries and they comprise over 6 per cent of the world’s population. Not surprisingly, there is great diversity in languages, cultures and histories. There is also diversity in the legal, political and, in some cases, constitutional relationships with state entities. However, there are also commonalities. Across both urban and rural regions, Indigenous peoples are significantly more likely to be living in extreme poverty compared to non-Indigenous people. In particular the rural demographic is important because over 73 per cent of global Indigenous populations live in rural areas – here they comprise one-third of all people living in extreme poverty. More than 86 per cent of Indigenous peoples globally work in the informal economy, compared to 66 per cent of their non-Indigenous counterparts. Health, housing and other social outcomes show similar poorer trajectories....

Item ID: 82866
Item Type: Book Chapter (Research - B1)
ISBN: 9781509951642
Copyright Information: Copyright © Fiona Allison. Chris Cunneen. All rights reserved.
Date Deposited: 03 Jun 2024 22:51
FoR Codes: 45 INDIGENOUS STUDIES > 4505 Aboriginal and Torres Strait Islander peoples, society and community > 450518 Aboriginal and Torres Strait Islander peoples and the law @ 30%
48 LAW AND LEGAL STUDIES > 4805 Legal systems > 480501 Access to justice @ 40%
44 HUMAN SOCIETY > 4402 Criminology > 440205 Criminological theories @ 30%
SEO Codes: 28 EXPANDING KNOWLEDGE > 2801 Expanding knowledge > 280117 Expanding knowledge in law and legal studies @ 100%
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