AUSTRALIA: Children's rights trampled in Northern Territory

[DARWIN 4 June 2012] - The Law Society Northern Territory today supported comments of Dr Howard Bath (NT children’s commissioner) which said the Northern Territory was the only jurisdiction in Australia which permitted the naming of children who are not yet convicted offenders. Ms Peggy Cheong President of the Society said “if the name of a young person, not yet proved guilty of an offence is in the media, the harm to the child and their community can be far reaching.” Ms Cheong explained “these are not convicted offenders, but they are named before being proven guilty. If they are allowed to be labelled, then the community should not be surprised if some go on to live up to that label.  Little regard is had for the future prospects of the child or their siblings which may be forever tarnished.” 

Ms Cheong echoed the concerns of Dr Bath, Mr Eddie Cubillo (NT Anti-Discrimination commissioner) and Ms Brenda Monaghan (NT Information Commissioner) in saying there is no rehabilitative or deterring effect in the practice. Ms Cheong said “NGOs and legal service organisations have long decried the practice.” Ms Cheong supported the call for “prioritising rehabilitation over retribution and stigmatisation.” 

Ms Cheong said “the Society is also calling for a change to the Youth Justice Act to bring the Territory in to line with the rest of the country and Australia’s international obligations.” The Northern Territory can no-longer justify what Dr Bath described as “state sanctioned extra-judicial punishment of children [and their families] regardless of whether or not they are guilty of an offence.” Australia’s commitment to the UN Convention on the Rights of the child should be reflected in the laws and practice of this jurisdiction. 

 

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