Supreme Court Ruling on Indian Child Welfare Act
At the end of June, the Supreme Court issued its long-awaited ruling in Haaland v. Brackeen, deciding that the Indian Child Welfare Act (ICWA) and its controversially unequal treatment of Native American children in child custody disputes survives constitutional scrutiny—for now. However, the decision also serves as a call to reconsider the reasons why the law was enacted in 1978 in light of our nation’s civil rights progress—and as a reminder that there is still important work to be done to reform adoption and child custody laws to best protect all kids.
Are We Really Protecting All Kids?
Civilized societies place a very high, if not the highest, value on protecting children. The child’s best interest animates every facet of family law: taking a child into government custody, foster placement, parent and caregiver conduct regulation, efforts to rehabilitate parents and caregivers, terminating parental rights, adoption, divorce, visitation rights, child support and so on. In all of these decisions, the individual child’s best interest is and should be unquestionably paramount.
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SDGs, Targets, and Indicators
1. Which SDGs are addressed or connected to the issues highlighted in the article?
- SDG 16: Peace, Justice, and Strong Institutions
- SDG 10: Reduced Inequalities
The article discusses the Indian Child Welfare Act (ICWA) and its treatment of Native American children in child custody disputes. This issue relates to SDG 16, which aims to promote peace, justice, and strong institutions. It also relates to SDG 10, which focuses on reducing inequalities.
2. What specific targets under those SDGs can be identified based on the article’s content?
- Target 16.3: Promote the rule of law at the national and international levels and ensure equal access to justice for all.
- Target 10.2: By 2030, empower and promote the social, economic, and political inclusion of all, irrespective of age, sex, disability, race, ethnicity, origin, religion or economic or other status.
Based on the article’s content, the specific targets that can be identified are Target 16.3, which focuses on promoting the rule of law and equal access to justice, and Target 10.2, which aims to empower and promote inclusion for all individuals.
3. Are there any indicators mentioned or implied in the article that can be used to measure progress towards the identified targets?
- Indicator for Target 16.3: Number of legal frameworks, policies, and practices that promote non-discriminatory laws and equal access to justice.
- Indicator for Target 10.2: Proportion of the population covered by social protection systems, disaggregated by sex, age, and other relevant characteristics.
The article does not explicitly mention indicators, but based on the identified targets, possible indicators can be derived. For Target 16.3, an indicator could be the number of legal frameworks, policies, and practices that promote non-discriminatory laws and equal access to justice. For Target 10.2, an indicator could be the proportion of the population covered by social protection systems, disaggregated by relevant characteristics.
SDGs, Targets, and Indicators
SDGs | Targets | Indicators |
---|---|---|
SDG 16: Peace, Justice, and Strong Institutions | Target 16.3: Promote the rule of law at the national and international levels and ensure equal access to justice for all. | Number of legal frameworks, policies, and practices that promote non-discriminatory laws and equal access to justice. |
SDG 10: Reduced Inequalities | Target 10.2: By 2030, empower and promote the social, economic, and political inclusion of all, irrespective of age, sex, disability, race, ethnicity, origin, religion or economic or other status. | Proportion of the population covered by social protection systems, disaggregated by sex, age, and other relevant characteristics. |
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Source: pacificlegal.org
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