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- Title
THE REAL WRONGS OF ICWA.
- Authors
DWYER, JAMES G.
- Abstract
Haaland v. Brackeen rejected federalism-based challenges to the Indian Child Welfare Act (ICWA) but signaled receptivity to future challenges based on individual rights. The adult-focused rights claims presented in Haaland, however, miss the mark of what is truly problem - atic about ICWA. This Article presents an in-depth, children's-rights based critique of the Act, explaining how it violates a fundamental right against state exertion of power over central aspects of persons' private lives to their den-iment for illicit purposes. In fact, the Act's defenders are complicit in the same sort of government violence that motivated ICWA's enactment-erasing aspects of children's heritage and experience incompatible with a state-preferred identity and destroying children's relationships and worlds in order to transform them in service to ideological and political aims, under the guise of child saving.
- Subjects
INDIAN Child Welfare Act of 1978 (U.S.); CHILDREN'S rights; NATIVE American women; FEDERAL government; CIVIL rights; STATE-sponsored terrorism
- Publication
Villanova Law Review, 2024, Vol 69, Issue 1, p1
- ISSN
0042-6229
- Publication type
Article