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Flashcards about Aboriginal and Torres Strait Islander perspectives.
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Aboriginal and Torres Strait Islander peoples
Experience contact with the criminal justice system at higher rates than non-Indigenous Australians.
Social and Emotional Wellbeing (SEWB)
A holistic understanding extending beyond individual mental health; encompasses connections to culture, community and Country.
Intergenerational trauma
Ongoing impacts of colonization manifesting in the justice system through systemic disadvantage.
Lore v law
Aboriginal and Torres Strait Islander peoples have their own systems of governance law, and dispute resolution. Current system operates primarily through Western frameworks.
Social determinants of justice
Focus specifically on the social and economic factors that increase someone's likelihood of contact with the criminal justice system.
System-Level Issues
Failure to acknowledge and incorporate Indigenous law/lore; Discriminatory processes and practices embedded in system; Bias in decision-making at multiple levels.
Police Interactions
Documented patterns of over-policing; Experiences of violence; Racism and racial profiling; Inflexible decision-making; Punitive bail conditions
Judicial Process
Indigenous status significant predictor of imprisonment; Evidence of harsher sentencing practices; Impact of negative stereotypes on judicial decisions; Systemic barriers to fair treatment.
Colonial Foundations
Settler colonial strategies of elimination and replacement; Erasure of Indigenous sovereignty (terra nullius); Ongoing structures of control and exclusion
Justice System Perpetuation
Racial profiling and systemic bias; Over-policing and culturally inappropriate practices; Unaddressed findings from 1991 Royal Commission
Culturally-informed practice
It is essential for effective engagement and support because Aboriginal and Torres Strait Islander peoples have fundamentally different ways of understanding health, wellbeing, and justice compared to Western frameworks.
Western Framework
Individual-focused, symptom-based approach, separation of mental and physical health, focus on pathology and diagnosis
Aboriginal Framework
Holistic understanding through SEWB, connection to land, culture, and community, integrated approach to wellbeing, law and lore as interconnected concepts
Deficit Discourse
Frames individuals or groups in terms of deficiencies, failures, or lacks, shifting responsibility for systemic issues onto individuals, overlooking broader social and structural factors, reinforces negative stereotypes and undesired behaviours
Importance of Culture
Culture shapes identity, behaviours and interactions within the justice system. Understanding cultural practices is key to accurately interpreting actions.
Cultural lens
Address systemic barriers shaped by cultural disconnects, shapes how behaviour is interpreted and understood; what is considered 'deviant' or criminal; relationships with justice system and authority.
Core Ethical Requirements
Respect for rights, dignity and cultural identity, Culturally appropriate assessment and interpretation, Recognition of power dynamics in forensic settings
Failure to provide culturally appropriate assessment
Inappropriate assessment, intervention contribute to over-representation; Can have life-or-death consequences like preventable health issues, cultural practices are often misinterpreted.