Still waiting for the benefits to trickle-down: International children’s rights under a land claim agreement

Abstract

The Inuit of Nunavut, Canada, are the intended beneficiaries of several overlapping rights frameworks. The international treaties to which Canada is a signatory, the Nunavut Land Claim Agreement, the United Nations Declaration on the Rights of Indigenous People, Canada’s Constitution and a slate of federal and territorial laws promise Inuit that they may enjoy the same opportunities to flourish that other Canadians enjoy. While these rights regimes and ensuing federal policies have developed in response to Inuit as a group, Inuit children have remained largely invisible. Among other factors, the fixation with economic development and the failure to promote the participation of children has contributed to the absence of their specific interests in plans for Nunavut’s future. As a result, this subgroup continues to suffer infringements of those rights that are most relevant to their success. Whereas these overlapping frameworks have the potential to greatly benefit a particularly marginalized group, in fact they have served to further confound efforts to promote and revitalize the welfare of Inuit children.