NCJ Number
161908
Journal
St. John's Law Review Volume: 69 Issue: 1-2 Dated: (Winter-Spring 1995) Pages: 69-170
Date Published
1995
Length
102 pages
Annotation
This review of tribal methods of protecting American Indian women from domestic violence affirms two continuing foundations in the life of indigenous people in the United States: (1) the persistent role of the tribe as a sovereign; and (2) societal resources used by tribal governments to resolve family, clan, and tribal disputes.
Abstract
Tribes retain their sovereignty in the context of international law, especially in the law of nations relating to indigenous people. International norms and emerging instruments, however, address tribal people in the collective, as distinct groups within larger nation-states. The status and rights of indigenous women in relation to their tribal communities have only recently been directly addressed in international law. Consequently, tribal sovereignty affects the way indigenous women are protected in their tribal communities. Tribal codes, court orders, and intervention programs are distinct in multiple ways. Each tribe's experiences, in combination with other factors, produces a model of law and practice tailored to that tribe's needs. Both men and women in tribal societies are guided by communal rather than individualistic values. Therefore, analyzing the way in which tribes respond to the needs of female victims of violence must include concern for and response to the abuser, children, and other members of the extended family, clan, and tribe. Tribal courts mandate a mix of temporary and permanent remedies for female victims of violence. Appendixes provide additional information on tribal responses to domestic violence and on tribal law. 343 footnotes and 11 charts