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Editors --- "Committee on the Rights of the Child - Digest" [1998] AUIndigLawRpr 23; (1998) 3(2) Australian Indigenous Law Reporter 323

United Nations
Committee on the Rights of the Child
Concluding Observations: Australia

C. Principal subjects of concern

7. The Committee is concerned that although the Convention on the Rights of the Child has been declared a relevant international instrument under the Human Rights and Equal Opportunities Act 1986, which enables the Human Rights and Equal Opportunities Commission to refer to the Convention when it is considering complaints, this does not give rise to legitimate expectations that an administrative decision will be made in conformity with the requirements of that instrument. The Committee is also concerned that there is no right of citizens to launch compliants in the local courts on the basis of the Convention on the Rights of the Child.

8. The Committee notes with concern the reservation made by the State party to Article 37(c) of the Convention. The Committee notes that this reservation might impede the full implementation of the Convention. [2]

9. The Committee is concerned about the absence of a comprehensive policy for children at the federal level. It is also concerned by the lack of monitoring mechanisms at federal and local levels. Such mechanisms are of essential importance for the evaluation and promotion of the development of policies and programmes for the benefit of children. Disparities between the different States' legislation and practices, including budgetary allocations, are of concern to the Committee.

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11. The Committee also expresses its concern that employment legislation on the federal level, as well as in all the States, does not specify minimum age(s) below which children are not allowed to be employed. The law also does not prohibit the employment of children who are still in compulsory education. The Committee is deeply concerned that the minimum age of criminal responsibility is generally set at the very low level of 7 to 10 years, depending upon the State.

12. The Committee is concerned that the general principles of the Convention, in particular those related to non-discrimination (art. 2) and the respect for the views of the child (art. 12) are not being fully applied.

13. While noting the information provided by the delegation of the state party on a number of programmes to raise health standards for Aboriginal and Torres Strait Islander children and the state party's intention to start a two-year anti-racism campaign, the Committee is nonetheless concerned about the special problems still faced by Aboriginals and Torres Strait Islanders, as well as by children of non-English speaking backgrounds, with regard to their enjoyment of the same standards of living and levels of services, particularly in education and health.

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16. The Committee is also concerned by local legislation that allows the local police to remove children and young people congregating, which is an infringement on children's civil rights, including the right to assembly.

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21. The situation in relation to the juvenile justice system and the treatment of children deprived of their liberty is of concern to the Committee, particularly in the light of the principles and provisions of the Convention and other relevant standards such as the Beijing Rules, the Riyadh Guidelines and the United Nations Rules for the Protection of Juveniles Deprived of their Liberty.

22. The Committee is also concerned about the unjustified, disproportionately high percentage of Aboriginal children in the juvenile justice system, and that there is a tendency normally to refuse applications for bail for them. The Committee is particularly concerned at the enactment of new legislation in two States, where a high percentage of Aboriginal people live, which provides for mandatory detention of juveniles and punitive measures, thus resulting in a high percentage of Aboriginal juveniles in detention.

D. Suggestions and recommendations

23. In the light of the Vienna Declaration and Programme of Action of 1993, the Committee encourages the state party to review its reservation to art. 37(c) with a view to its withdrawal. The Committee emphasises that art. 37(c) allows for exemptions from the need to separate children deprived of their liberty from adults when that is in the best interests of the child.

24. The Committee recommends that the state party create a federal body responsible for drawing up programmes and policies for the implementation of the Convention on the Rights of the Child, and monitoring their implementation. The Committee suggests that cooperation in the field of the rights of the child between the authorities and non-governmental organisations as well as Aboriginal and Torres Strait Islander communities should also be further strengthened.

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27. The Committee recommends that awareness-raising campaigns on the Convention on the Rights of the Child be conducted, with a particular focus on its general principles and on the importance the Convention places on the role of the family. The Committee suggests that the Convention be disseminated also in languages that are used by Aboriginals and Torres Strait Islanders, and by persons from non-English speaking backgrounds. The Committee also suggests that the rights of the child be incorporated in the school curricula. It further recommends that the Convention be incorporated in the training provided to law enforcement officials, judicial personnel, teachers, social workers, care givers and medical personnel.

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32. The Committee encourages the state party to take further steps to raise the standards of health and education of disadvantaged groups, particularly Aboriginals, Torres Strait Islanders, new immigrants, and children living in rural and remote areas. The Committee is also of the view that there is a need for measures to address the causes of the high rate of incarceration of Aboriginal and Torres Strait Islander children. It further suggests that research be conducted to identify the reasons behind this disproportionately high rate, including investigation into the possibility that attitudes of law enforcement officers towards these children because of their ethnic origin may be contributing factors.

Endnotes

[1] UN Doc CRC/C/8/Add.31.

[2] Editor's note. This reservation provides that 'the obligation to separate children from adults in prison is accepted only to the extent that such implementation is considered by the responsible authorities to be feasible and consistent with the obligation that children be able to maintain contact with their families, having regard to the geography and demography of Australia'.