Indian Child Welfare Act

Scheieian

Senior Member
US English
I'm trying to translate "Indian Child Welfare Act" into Spanish.

My first attempt was this: "Ley por el bienestar de los niños indios"

Just now, I found this translated document from California. "Attachment to Notice of Child Custody Proceeding for Indian Child" translated into Spanish
http://www.courts.ca.gov/documents/icwa030as.pdf
Their translation was "Ley para el bienestar de niños indígenas"

It's my understanding that, at least with names of organizations, the tendency in Spanish is to say "asociación por la causa." Does this apply to laws too? I feel like it should be "ley por el bienestar"

I'm also wondering whether to go with california's "niños indígenas" or stick with "niños indios"

My impression, at least from attending a university in Peru, was that "indígena" was the word used in academia to refer to Indian groups in general. As in, pueblos indígenas. Does this go for legal discourse too? Perhaps it sounds more formal, and avoids the stigma attached to the word indio.

On the other hand, in the U.S., there's a certain debate around "Native American" and "Indian". Many people say "Native American" to avoid the historical inaccuracy of the term "Indian," while others criticize "Native American" because it could technically refer to anyone born in the Americas, and a lot of people prefer to speak of specific nations whenever possible to avoid gross generalizations. But for whatever reason, our government uses the term "Indian".

Perhaps I'm just stuck on this because I lean toward the "indio" cognate, but the more I think about it, the more I think a law in Spanish would probably go with "indígena" for the sake of formality.

Last question: For whatever reason I lean toward saying "ley por el bienestar de los niños indígenas". Should "los" be omitted? does it matter?
 
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