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Aboriginal Australians are legally defined as people who are members "of the Aboriginal race of Australia" (indigenous to the Australian continent—mainland Australia or to the island of Tasmania).〔(ComLaw, Aboriginal Land Rights (Northern Territory) Act of 1976 ) "'Aboriginal' means a person who is a member of the Aboriginal race of Australia"〕〔(ComLaw, Aboriginal and Torres Strait Islander Act 2005 ) "Aboriginal person means a person of the Aboriginal race of Australia"〕〔Blandy, Sarah, and David Sibley. "Law, boundaries and the production of space." Social & Legal Studies 19.3 (2010): 275–284. "Aboriginal Australians are a legally defined group"〕〔Malbon, Justin. "Extinguishment of Native Title-The Australian Aborigines as Slaves and Citizens, The." Griffith L. Rev. 12 (2003): 310. Aborigines have been "assigned a separate legally defined status"〕 ==Legal and administrative definitions== The category "Aboriginal Australians" was coined by the British after they began colonising Australia in 1788, to refer collectively to all people they found already inhabiting the continent, and later to the descendants of any of those people. Until the 1980s, the sole legal and administrative criterion for inclusion in this category was race, classified according to visible physical characteristics or known ancestors. As in the British slave colonies of North America and the Caribbean, where the principle of ''partus sequitur ventrem'' was adopted from 1662, children's status was determined by that of their mothers; if born to Aboriginal mothers, children were considered Aboriginal, regardless of their paternity.〔http://www.theaustralian.com.au/national-affairs/in-depth/indigenous-ransom-threat-pay-up-or-you-dont-see-kids/story-fngburq5-1227422457929〕 In the era of colonial and post-colonial government, access to basic human rights depended upon your race. If you were a "full blooded Aboriginal native ... () any person apparently having an admixture of Aboriginal blood", a half-caste being the "offspring of an Aboriginal mother and other than Aboriginal father" (but not of an Aboriginal father and other than Aboriginal mother), a "quadroon", or had a "strain" of Aboriginal blood you were forced to live on Reserves or Missions, work for rations, given minimal education, and needed governmental approval to marry, visit relatives or use electrical appliances.〔(de Plevitz, Loretta & Croft, Larry: "Aboriginality Under The Microscope: The Biological Descent Test In Australian Law" (2003) 3 ''QUT Law & Justice Journal'' 105 ) Accessed 22 November 2011.〕 The Constitution of Australia, in its original form as of 1901, referred to Aboriginals twice but without definition. Section 51(xxvi) gave the Commonwealth parliament power to legislate with respect to "the people of any race" throughout the Commonwealth, except for people of "the aboriginal race". The purpose of this provision was to give the Commonwealth power to regulate non-white immigrant workers, who would follow work opportunities interstate. The only other reference, Section 127, provided simply that "aboriginal natives shall not be counted" in reckoning the size of the population of the Commonwealth or any part of it. After both of these references were removed by the 1967 referendum, the Australian Constitution had no references to Aboriginals. Since that time, there have been a number of proposals to amend the constitution to specifically mention Indigenous Australians.〔Mick Gooda ("Indigenous inclusion is good for our constitution" ) – ''Sydney Morning Herald''. Published 9 July 2010. Retrieved 23 November 2011.〕〔Karvelas, Patricia. ("Strong constitution needed for national consensus on Aboriginal recognition" ), ''The Australian''. Published 5 February 2011. Retrieved 23 November 2011.〕 The change to Section 51(xxvi) gave the Commonwealth parliament the power to make laws specifically with respect to Aboriginal peoples as a "race". In the Tasmanian Dam Case of 1983, the High Court of Australia was asked to determine whether Commonwealth legislation, whose application could relate to Aboriginal peopleparts of the World Heritage Properties Conservation Act 1983 (Cth) as well as related legislationwas supported by Section 51(xxvi) in its new form. The case concerned an application of legislation that would preserve cultural heritage of Aboriginal Tasmanians. It was held that Aboriginal Australians and Torres Strait Islanders, together or separately, and any part of either, could be regarded as a "race" for this purpose. As to the criteria for identifying a person as a member of such a "race", the definition by Justice Deane has become accepted as current law.〔 Deane said: It is unnecessary, for the purposes of the present case, to consider the meaning to be given to the phrase "people of any race" in s. 51(xxvi). Plainly, the words have a wide and non-technical meaning (). The phrase is, in my view, apposite to refer to all Australian Aboriginals collectively. Any doubt, which might otherwise exist in that regard, is removed by reference to the wording of par. (xxvi) in its original form. The phrase is also apposite to refer to any identifiable racial sub-group among Australian Aboriginals. By "Australian Aboriginal" I mean, in accordance with what I understand to be the conventional meaning of that term, a person of Aboriginal descent, albeit mixed, who identifies himself as such and who is recognised by the Aboriginal community as an Aboriginal.〔Justice William Deane in ''Commonwealth v Tasmania (Tasmanian Dam Case)'' (1983) 158 CLR 1 at 273–274.〕 While Deane's three-part definition reaches beyond the biological criterion to individual's self-identification, it has been criticised as continuing to accept the biological criterion as primary.〔 It has been found difficult to apply, both in each of its parts and as to the relations among the parts; biological "descent" has been a fall-back criterion.〔(''Re A-G (Cth) v Queensland'' ) () FCA 285; (25 FCR 125 ) (Federal Court of Australia, Full Court). The outcome was to fix the Queensland government with responsibility for an "Aboriginal" death in custody, when the deceased was of Aboriginal descent but had himself denied being of Aboriginal identity.〕 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「Aboriginal Australians」の詳細全文を読む スポンサード リンク
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