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Australia - Twenty Third Session - 2015
9 November 2015- 14:30 - 18:00.
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National Report
Compilation of UN Information
Stakeholder Information
Accepted and Rejected Recomendations
National Report
III. Background
... The total number of children aged 0–14 years is approximately 4.37 million, or 19%.
D. Institutions
1. Australian Human Rights Commission (and Australian Council of Human Rights Agencies) (Recommendation 27)
23. The AHRC is a collegiate body made up of a President and special purpose Commissioners for Aboriginal and Torres Strait Islander Social Justice, Children, Human Rights, Sex Discrimination, Disability Discrimination, Age Discrimination and Race Discrimination.
G. International obligations
Review of reservations (Recommendations 13–16)
32. Australia periodically reviews its reservations to the International Covenant on Civil and Political Rights, the International Convention on the Elimination of All Forms of Racial Discrimination, the Convention on the Elimination of All Forms of Discrimination against Women and the Convention on the Rights of the Child to determine whether they remain necessary. Australia notes that its reservations are consistent with the object and purpose of these treaties and consistent with the Vienna Convention on the Law of Treaties. There have been no objections made to these reservations by other State Parties.
3. Indigenous Australians
41. The Indigenous Advancement Strategy commenced on 1 July 2014 with funding of$4.9 billion over four years. The Strategy streamlined more than 150 individual programmes into five broad-based programmes to address disadvantage and the need for strategic grant funding for local solutions. This Indigenous specific funding is in addition to universal programmes which provide assistance to Indigenous people in areas including education, health and employment services. On 4 March 2015 the Australian Government announced investment of more than $860 million in grants, to some 964 organisations, for critical front line service delivery focussed on achieving the key priorities of getting children to school, adults into work and ensuring communities are safe.
Health, housing, work and education (Recommendations 49, 101, and 114–119)
49. Getting children to school is the Australian Government’s number one priority in Indigenous Affairs. It is critical to ensure that Aboriginal and Torres Strait Islander children are educated to provide them greater opportunities. On 2 May 2014 federal, state and territory governments agreed a new target on school attendance, with public reporting of results. The new target aims to close the gap between Indigenous and non-Indigenous school attendance within five years, by 2018.
53. Overall, the Australian Government is investing $3.3 billion over four years through the Indigenous Australians’ Health Programme, including expanding effective programmes, including programmes focussed on child and maternal health and chronic disease prevention and management.
56. The Australian Government is focused on priorities which will have an immediate impact on community safety, including: delivering police infrastructure to support a permanent police presence in some remote Indigenous communities, continuing to support the Northern Territory Government through a funding contribution to Community Engagement Police Officers, and maintaining Australian Government support for the Northern Territory Child Abuse Taskforce.
57. The Government will continue to support tough alcohol regulations across the country, and the efforts of Indigenous communities to combat alcohol fuelled violence, so all community members, particularly women, children and the elderly, can live peacefully and safely.
4. Gender
Gender equality (Recommendations 49, 51, 53–56, 99 and 120)
61. Recognising the need to increase women’s workforce participation, in May 2015, the Australian Government announced a $4.4 billion Families Package to give parents more choice and the opportunity to work, also to better support families and children in need. The new Child Care Subsidy will replace the confusing combination of former benefits schemes and programmes. The subsidy will target low-and-middle income earners, tapering from 85% for low-income families to 50% for families earning around $170,000 or more, up to an hourly fee cap. A two-year Nannies trial will support families who struggle to access regular child care services.
67. Australia's Ambassador for Women and Girls, Ms Natasha Stott Despoja, ensures that gender equality is a central focus of Australia's foreign policy and aid agenda. The Ambassador advocates internationally for women's equal participation in political, economic and social affairs. With a focus on the Indo Pacific region, Ms Stott Despoja works with governments, regional and multilateral fora, and development and civil society partners, to promote women in leadership and decision-making, women’s economic empowerment and an end to violence against women and girls. Other priorities include the protection of women and girls in conflict settings and their role in conflict prevention, resolution and peace-building, ending trafficking of women and girls and improved educational and health outcomes.
68. The ‘family violence’ section below provides information on The National Plan to Reduce Violence against Women and their Children 2010-2022 and other measures to address this priority issue for Government.
7. Children (recommendation 46)
83. Australia is committed to improving the safety and wellbeing of children. Australia is implementing the first National Framework for Protecting Australia’s Children 2009- 2020 through a series of three-year action plans. The National Framework is a comprehensive, long-term approach to protect children from abuse and neglect and improve their safety and well-being. It places a greater emphasis on prevention, early intervention and responding to families and children where abuse and neglect has already occurred. Some of the specific achievements of the First Action Plan include:
• the development of a National Plan to support Indigenous children, which prioritises Aboriginal and Torres Strait Islander children in all future national priority projects throughout the life of the National Framework, and
• the completion of the first national study on Australia’s response to sexualised or sexually abusive behaviours in children and young people.
84. The Second Action Plan (2012–2015) outlines how governments, the non-
government sector and the broader community will progress actions during the next three years of the National Framework.
85. The Family Law Act 1975 ensures that the best interests of children are met by protecting children from physical or psychological harm caused by abuse, neglect or family violence. The court must have regard to the best interests of the child when making a particular parenting order. Amendments to the Family Law Act in 2012 placed children front and centre in family law matters and prioritised the safety of children.
86. In January 2013 the Australian Government announced the appointment of a Royal Commission into Institutional Responses to Child Sexual Abuse. The Royal Commission is investigating how institutions and governments can better protect children, achieve best practice in reporting and responding to incidents, and address the impact of child sexual abuse. The final report is due by December 2017. A number of support services for affected people are funded by the Australian Government.
87. In May 2015, the Australian Government announced a plan to provide disadvantaged and vulnerable children with better access to early childhood services through the Child Care Safety Net, recognising that children from disadvantaged backgrounds particularly benefit from quality early learning. The Child Care Safety Net includes extra fee assistance for children and families who are disadvantaged and a competitive grants programme for services to reduce barriers to accessing child care. Under the programme, child care centres will receive more funding for the equipment and staff they need to support children with disabilities and children from culturally or linguistically diverse backgrounds.
National Children’s Commissioner (Recommendations 28 and 29)
88. Australia’s first National Children’s Commissioner, Ms Megan Mitchell, was appointed on 25 March 2013 for a period of five years. This appointment marked a significant step in the protection of children in Australia. Ms Mitchell is responsible for focusing on the rights and interests of children and the laws, policies and programmes that impact on them – particularly vulnerable children.
B. Right to life, liberty and security of the person 1. Prevention of torture
1. Prevention of torture
Humane treatment of prisoners (Recommendations 71 and 91)
96. All deaths that occur in custody in Australia must be referred to the Coroner for investigation. Australian states and territories have policies in place to ensure that the death of a person in custody is managed with integrity and respect for the deceased person and that all legal, religious, cultural and spiritual requirements are met. The Australian Institute of Criminology established the National Deaths in Custody Program in 1992 and the programme has been monitoring the extent and nature of all deaths that have occurred in prison, juvenile justice and police custody since this time. Data has also been collected retrospectively back to 1 January 1980. All reports under the programme are publically available.
2. Family violence (Recommendations 47, 72–74, and 76–82)
99. The Australian Government believes it is fundamental that women and their families are safe from violence in their homes and communities. All governments in Australia are currently implementing the National Plan to Reduce Violence against Women and their Children 2010-2022 (National Plan) and ensuring its programmes are properly resourced and effective. In collaboration with state and territory governments this 12-year plan aims to bring about a significant and sustained reduction in violence against women and their children through a whole-of-community effort.
100. The First Action Plan (2010–2013) built the foundation for the National Plan and saw the establishment of key national infrastructure. This included the establishment of Australia’s ‘National Research Organisation for Women’s Safety to Reduce Violence against Women and their Children’ and the primary prevention organisation ‘Our Watch’ which aims to change cultural attitudes toward violence and promote respectful relationships.
101. The Second Action Plan of the National Plan was launched in Sydney on 27 June 2014 by the Prime Minister and contains 26 practical actions that all Australian governments agree are critical to improving women’s safety. The Australian Government has provided more than $100 million to support the Second Action Plan. Further details on the National Plan, including the Second Action Plan, can be accessed at http://www.dss.gov.au/nationalplan.
102. A key priority of the Second Action Plan is to understand the diverse experiences of violence, particularly among high risk groups including Aboriginal and Torres Strait Islander women, culturally and linguistically diverse women, and women with disability.
103. The Australian Government is investing $230 million to extend the National Partnership Agreement on Homelessness to 2017, with funding priority to frontline services for women and children experiencing domestic and family violence. In addition to that agreement, the Australian Government provides around $1.3 billion to states each year for housing, which includes notionally around $250 million for homelessness services.
E. Right to adequate housing
119. Commonwealth Rent Assistance improves rental housing affordability for around 1.3 million individuals and families with children. Commonwealth Rent Assistance plays a critical role in reducing the cost of private rental housing and the incidence of rental stress for people receiving income support and Family Tax Benefit (Part A) payments at an estimated cost to the Australian Government of around $4.2 billion in 2014–15.
121. Australian governments have continued their commitment to reducing homelessness through the National Partnership Agreement on Homelessness which supports more than 300 homelessness initiatives across Australia. The Australian Government has committed $230 million to support the Agreement over the next two years from July 2015. State and territory governments are required to match the Australian Government’s commitment with funding priority given to women and children experiencing domestic and family violence and homeless youth.
F. Refugees and asylum seekers (Recommendations 38, 121–125, and 127– 131)
136. Children who are illegal arrivals are initially accommodated in lower-security alternative places of detention, with the priority that unaccompanied minors, and where possible children and their families, will be moved into community detention subject to the completion of identity, health and security checks.
138. Significant headway has been made to reduce the numbers of children held in detention since the passage of the temporary protection legislation in late 2014. All children who were detained on Christmas Island were transferred to the mainland with their families by December 2014.
G. Foreign aid and development (Recommendation 135, 141 and 144)
140. In 2015–16, Australia will provide an estimated $4 billion in Official Development Assistance, focussed in the Indian Ocean-Asia Pacific region. The aid programme priorities are consistent with the framework outlined in the Government’s development policy, Australian aid: promoting prosperity, reducing poverty, enhancing stability. Australia’s aid programme will have a strong focus on private sector development, including aid for trade, recognising that the private sector is the primary driver of economic growth and poverty reduction. Australia will invest in education, health, humanitarian assistance, and empowering women and girls, reflecting the links between human development and economic growth. Australia seeks to build human rights capacity through targeted programmes in a number of countries, including China, Vietnam, Burma and Afghanistan.
Compilation of UN Information
1. Background and framework
C. Institutional and human rights infrastructure and policy measures
4. The Committee against Torture welcomed the release of the National Human Rights Action Plan in 2012.The Special Rapporteur on trafficking in persons, especially women and children, recommended that Australia develop a comprehensive national plan of action, together with stakeholders, delineating responsibilities and including benchmarks and indicators to measure progress and impact.
II. Cooperation with human rights mechanisms
7. In 2012, the Committee on the Rights of the Child urged Australia to effectively address the recommendations contained in its previous concluding observations that had yet to be implemented, including those on the reservation to article 37 (c) of CRC, legislation, corporal punishment, freedom of association and the administration of juvenile justice.
III. Implementation of international human rights obligations, taking into account applicable international humanitarian law
A. Equality and non-discrimination
11. While welcoming the Multicultural Policy and National Anti-Racism Partnership and Strategy of Australia, the Committee on the Rights of the Child was concerned that racial discrimination remained a problem. The Committee called upon Australia to, inter alia, address disparities in access to services by Aboriginal and Torres Strait Islander children and their families.
14. Concerned about the difficulties faced by Aboriginal persons in relation to birth registration, the Committee on the Rights of the Child urged Australia to review its birth registration process to ensure that all children are registered at birth.
B. Right to life, liberty and security of person
18. The Committee on the Rights of the Child regretted that corporal punishment remained lawful. It reiterated its previous recommendation that Australia explicitly prohibit corporal punishment and ensure that “reasonable chastisement” was not used as defence to a charge of assault of a child.
21. Concerned that persons with disabilities were overrepresented in both the prison and juvenile justice systems, the Committee on the Rights of Persons with Disabilities recommended that Australia, as a matter of urgency, end the unwarranted use of prisons for the management of unconvicted persons with disabilities.
22. The Committee on the Rights of the Child was gravely concerned at the high levels of violence against women and children. In 2013, the Committee on the Elimination of Discrimination against Women noted that aspects of its recommendations on domestic violence had been implemented. However, it had not received sufficient information to assess the implementation of measures taken to address homelessness driven by domestic and family violence and the implementation of specific strategies to address violence against indigenous women.
23. The Committee on the Rights of Persons with Disabilities recommended that Australia investigate without delay the situations of violence, exploitation and abuse experienced by women and girls with disabilities in institutional settings, and take appropriate measures on the findings.
24. Welcoming the establishment of the Royal Commission into Institutional Responses to Child Sexual Abuse, the Committee against Torture urged Australia, inter alia, to ensure that the work of the Commission supplemented criminal prosecutions and court proceedings and was not a substitute for them.
25. The Committee on the Rights of the Child was concerned that there was a lack of measures to prevent the commercial sexual exploitation of children; that measures to protect vulnerable groups, such as Aboriginal girls and homeless children, were inadequate; and that root causes of the offences under OP-CRC-SC, such as poverty, were not sufficiently addressed. The Committee recommended taking measures to address such concerns.
27. The Committee further recommended that Australia introduce legislation specifically prohibiting the sale of arms to countries where children were known to be, or could be, recruited or used in armed conflict and/or hostilities. It also strongly urged Australia to revise the proposed Criminal Code Amendment (Cluster Munitions Prohibition) Bill and amend the proposed legislation to prohibit investment in the development or production of cluster munitions.
28. The Committee urged Australia to establish an identification mechanism for children, including asylum-seeking and refugee children, who had been or might have been involved in armed conflict abroad and provide them with appropriate assistance for their physical and psychological recovery and their social reintegration.
C. Administration of justice and the rule of law
31. While noting as positive that Australia had legislation requiring courts to take into account “the probable effect” of a sentence on a convicted person’s family, the Committee on the Rights of the Child was concerned that Aboriginal Australians, particularly women, were severely overrepresented in prison. It recommended that Australia, inter alia, review all judicial and administrative arrangements to prevent imprisonment by providing support services to families at risk.
34. The Committee on the Rights of the Child regretted that the juvenile justice system still required substantial reforms for it to conform to international standards and was concerned at reported abuse of child detainees in two youth detention centres. The Committee reiterated its previous recommendations relating to juvenile justice, including on abrogating mandatory sentencing in Western Australia and removing children from the adult justice system in Queensland.70 In 2014, the Human Rights Committee, in its views, found that sentencing children to life in prison without genuine possibility of parole breached international law.
35. The same Committee urged Australia to increase the protection of children involved in penal proceedings and to abolish legislation, such as the Prohibited Behaviour Orders Act 2010 (Western Australia), which allowed the publication of child offender details.
D. Freedom of expression, association and peaceful assembly, and right to participate in public and political life
38. The Committee on the Rights of the Child reiterated its previous concern about legislation in certain states and territories allowing police to remove children and young people who assembled peacefully in groups. It reiterated its recommendation on considering alternative measures to policing and/or criminalization and reviewing the legislation.
E. Right to social security and to an adequate standard of living
40. The Committee on the Rights of the Child concurred with the Committee on Economic, Social and Cultural Rights that Australia should develop a holistic anti-poverty strategy, situating it socially and geographically, and adopt specific measures according to gender, age and other factors.
41. While welcoming the approval of the Paid Parental Leave scheme for 18 weeks, the Committee on the Rights of the Child noted with concern that the scheme was fixed at the national minimum wage. The Committee recommended that Australia ensure that parents, especially mothers, were still able to earn an adequate living while caring and breastfeeding their newborn,78 review its newly enacted Paid Parental Leave scheme and adequately fund the National Breastfeeding Strategy.
42. While welcoming the Closing the Gap strategy, the Committee on the Rights of the Child in 2012 was concerned that Australia had been unable to provide culturally appropriate housing services. It recommended that Australia, inter alia, improve its social services to strengthen their responsiveness to the needs of children and youth who were at risk of homelessness.
F. Right to health
43. The Committee on the Rights of the Child was concerned about the health disparities of children living in rural and remote areas, children in out-of-home care and children with disabilities, and particularly about the gap in the health status between Aboriginal and non-Aboriginal children. It reiterated its previous recommendation that Australia ensure that all children enjoy the same access to and quality of health services.
44. The Committee was also concerned at the high rate of suicides among young people, particularly in the Aboriginal community, and that current diagnosis procedures might not be adequately addressing the underlying mental health issues linked to suicide. The Committee recommended that Australia, inter alia, allocate specific resources for improving the availability and quality of early intervention services and develop specialized health services and targeted strategies for children at particular risk of mental-health problems.
45. Deeply concerned at the marked increases in the rates of sexually transmitted infections among young people, the Committee recommended that Australia provide adolescents with education on sex and reproductive health and improve the accessibility of contraception, counselling and confidential health services, particularly among Aboriginal and socioeconomically disadvantaged communities.
G. Right to education
46. The Committee on the Rights of the Child welcomed the National Indigenous Education Action Plan 2012-2014 and the National Partnership Agreement on Indigenous Early Childhood Development. It reiterated its previous concerns about the serious difficulties in accessing education faced by indigenous children and children living in remote areas. The Committee recommended that Australia further improve the quality and coverage of its early childhood care and education and ensure adequate resources for implementing bilingual models of education.
H. Persons with disabilities
50. Concerned that Australian legislation allowed for disability to be the basis for rejecting an immigration request, the Committee on the Rights of the Child urged Australia to ensure that no legislation discriminated against children with disabilities.
51. The same Committee urged Australia to, inter alia, establish a clear legislative definition of disability, including for learning, cognitive and mental disabilities, with the aim of promptly and accurately identifying children with disabilities to effectively address their needs in a non-discriminatory manner.
54. The Committee on the Rights of Persons with Disabilities was deeply concerned that the Senate inquiry report into the involuntary or coerced sterilization of persons with disabilities put forward recommendations that would allow that practice to continue. It regretted the failure of Australia to implement the recommendations made by the Committee on the Rights of the Child, as part of the universal periodic review and by the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment. The Committee on the Rights of Persons with Disabilities urged Australia to adopt uniform national legislation prohibiting the sterilization of persons with disabilities in the absence of their prior, fully informed and free consent.
I. Indigenous peoples
60. The Committee on the Rights of the Child was concerned at inadequate consultation and participation of Aboriginal and Torres Strait Islander persons in the policy formulation, decision-making and implementation processes of programmes affecting them.99 In 2012, within the follow-up framework, the Committee on the Elimination of Racial Discrimination reiterated the need to guarantee the free, prior and informed consent of the communities concerned.
62. The Committee on the Rights of the Child was concerned at the large numbers of Aboriginal and Torres Strait Islander children being separated from their homes and communities and placed into care that, inter alia, did not adequately facilitate the preservation of their cultural and linguistic identity. It recommended that Australia review its progress in implementing the recommendations in the report “Bringing them home: national inquiry into the separation of Aboriginal and Torres Strait Islander children from their families” and observe the Committee’s previous recommendations to fully implement the indigenous child placement principle and intensify its cooperation with indigenous community leaders and communities to find suitable solutions for indigenous children in need of alternative care within indigenous families.
67. Concerned at mandatory immigration detention, especially of children, the Committee against Torture recommended that Australia, inter alia, repeal the provisions establishing the mandatory detention of persons entering its territory irregularly; establish statutory time limits for detention; ensure that persons in need of international protection, children and families with children, were not detained and ensure that detention should be only applied as a last resort; and ensure access to an effective judicial remedy to review the necessity of the detention.
69. The Committee against Torture was concerned that stateless persons whose asylum claims had not been accepted and refugees with an adverse security or character assessment could be detained indefinitely. The Committee recommended that Australia guarantee that all asylum claims were thoroughly examined, that the persons concerned had a real opportunity to effectively challenge any adverse decisions adopted concerning their claims and that all asylum seekers had access to independent, qualified and free-of-charge legal assistance during the entire asylum procedure. UNHCR also recommended that Australia immediately cease transferring asylum seekers or their children who might be stateless.
Stakeholder Information
I. Information provided by the national human rights institution of the State under review accredited in full compliance with the Paris Principles
B. Implementation of international human rights obligations, taking into account applicable international humanitarian law
12. Noting that violence against women was endemic and community attitudes to violence against women had not substantially improved, AHRC recommended implementation of the National Plan to Reduce Violence Against Women and Their Children reflecting the diversity of women, include adequate and sustained funding for programmes and services and independent monitoring and evaluation.
13. AHRC welcomed the establishment of the Royal Commission into Institutional Responses to Child Sexual Abuse and amendments to the Family Law Act 1975 (Cth) in 2012, which strengthened protection of the rights of the child, especially in violent situations.
14. Concerned that the rate of children in out-of-home care had increased, with Indigenous children over-represented, AHRC recommended that Government strengthen early intervention programs that support vulnerable families and improve data collection relating to child protection and out-of-home care.
16. AHRC noted that Aboriginal and Torres Strait Islander, adults and juveniles, and people with disability were significantly over-represented in Australia’s prison population. AHRC recommended that Government: adopt targets and introduce justice reinvestment trials to reduce Indigenous incarceration rates; adopt measures to improve access to justice for people with disabilities; develop alternative care arrangements where people are found unfit to plead for reasons including cognitive impairment or acquired brain injury; expand the use of diversionary programmes for juveniles; raise the minimum age of criminal responsibility; and cease detention of children in adult facilities.
20. Commending the 2012 establishment of the National Mental Health Commission (NMHC), AHRC recommended that Government fund mental health services and implement the recommendations of the NMHC and the Children’s Rights Report 2014.
22. AHRC welcomed Australia’s increased use of community arrangements for asylum seekers and the release of many children from closed detention since the last UPR. Despite those developments, Australia maintained a policy of mandatory immigration detention, with all people who arrived by boat liable for such detention, and transfer for processing to third countries. On third country processing, AHRC was concerned that people were detained for lengthy periods under extreme conditions with detrimental impacts on their physical and mental health. If owed protection, refugees subjected to those arrangements were resettled in third countries.
II. Information provided by other stakeholders
A. Background and framework
3. Institutional and human rights infrastructure and policy measures
34. JS5/ANGOC welcomed the establishment of a National Children’s Commissioner.51 JS3 reported that it was in favour of the new Freedom Commissioner.52 However, JS5/ANGOC was concerned at the appointment of a Commissioner without a transparent process; the reduction of the Disability and Age Discrimination Commissioners from full- time to part-time roles; and persistent attacks on the President of the AHRC.53 AI was also concerned at the Government’s recent rejection of an AHRC report that criticised the treatment of children in immigration detention centres by successive governments.54 International Service for Human Rights (ISHR) reported that in December 2014, the Government announced approximately 30 percent reduction in funding to the AHRC, which was incompatible with an accepted UPR55 recommendation.56 JS5/ANGOC recommended that Australia urgently restore funding and independence to the AHRC.
35. While welcoming the 2010 Human Rights Framework and the 2012 National Human Rights Action Plan (NHRAP), AI now considered both to be largely defunct.
JS5/ANGOC pointed to key Framework initiatives being defunded or discontinued and called for Australia to develop: human rights education further59 and a National Plan for Children.
B. Implementation of international human rights obligations, taking into account applicable international humanitarian law
2. Right to life, liberty and security of the person
45. NATSILS reported that many Australian detention facilities, particularly in regional and remote areas, were unhygienic, overcrowded and lacked air-conditioning. Individuals often received inadequate medical and mental health care, which contributed to the ongoing incidence of deaths in custody.78 ICJ reported that 1 in 4 deaths was indigenous up from 1 in 7 deaths at the time of 1991 Royal Commission into Aboriginal Deaths in Custody.79 NATSILS was expressly concerned at the state of juvenile detention centres, particularly in the Northern Territory, Western Australia and Queensland. NATSILS recommended that Australia inspect and report on systemic issues in prisons and juvenile detention centres.
47. Global Initiative to End All Corporal Punishment of Children reported that corporal punishment of children was lawful, despite repeated recommendations to fully prohibit it by UN Committees and during the first cycle UPR in 201183 where the recommendation was rejected.
49. LCA welcomed the continued funding of the Royal Commission into Institutional Reponses to Child Sexual Abuse. The Victorian Government also held an Inquiry into the Handling of Child Abuse by Religious and Other Organisations.88 JS5/ANGOC indicated that Aboriginal and Torres Strait Islander children accounted for almost 35 percent of all children in care despite comprising only 4.4 percent of the nation’s child population.89 LCA recommended that Australia should improve administration of justice regarding the abuse of children and consider establishing a national compensation scheme for victims, including for victims of the Stolen Generations, as proposed in a noted UPR90 recommendation.
3. Administration of justice and the rule of law
55. LCA reported that some jurisdictions treated minors as adults in the criminal justice system and did not accord with principles of rehabilitative justice. Australia should ensure that criminal systems were reflective of the best interests of the child, including a right to education.
7. Persons with disabilities
65. JS5/ANGOC observed that for more than a decade the UN had made multiple recommendations to Australia to legislate to prohibit forced sterilization, but they had been ignored. A 2013 Senate Inquiry recommended regulation of the practice not prohibition.125 LCA recommended that Australia, in accordance with its commitment under the previous UPR,126 should ensure that its actions are reflective of the best interests of the child in regard to sterilization of a child with a disability.
8. Indigenous peoples
70. National-Congress pointed to the effects of present excessive policing and applied welfare controls over entire communities and populations, despite decades of United Nations recommendations to address the rates of separation and imprisonment of the First Peoples.136 JS5/ANGOC called on Australia to revise the national intervention in the Northern Territory (Stronger Futures) in close cooperation with Aboriginal and Torres Strait Islander Peoples.137 National-Congress recommended that Australia support Aboriginal self-governance including through the delivery of culturally-sustainable services.138 JS5/ANGOC stated that Australia should ensure availability of, and funding for, quality community controlled services across early childhood, health, family support, housing and youth sectors, including programmes to address critical overcrowding and housing shortages.139 WVA made related recommendations.
9. Migrants, refugees and asylum seekers
75. ODVV reported that asylum seekers who arrived by boat, including children, were subjected to mandatory detention and transfer to third countries. JS5/ANGOC indicated that mandatory removal to third country detention centres included gay men, despite criminalization of male to male sexual conduct in those third countries.149 AI expressed concern at inhumane conditions or violations in third country detention centres and at the violent suppression of largely peaceful protests in detention centres. JS5/ANGOC151 and WVA152 recommended that Australia implement the recommendations of AHRC’s 2014 The Forgotten Children Report.
10. Right to development, and environmental issues
78. Contrary to accepted UPR recommendations on development assistance,158 JS5/ANGOC reported that the Government had significantly reduced the aid budget, and abolished AusAID as an independent agency; and the aid programme’s aim was to pursue Australia’s national interest with a focus on supporting private sector involvement.159 WILPF raised related concerns.160 WVA called on the Government to develop, without further delay, a National Action Plan on Business and Human Rights, which clearly articulates that Australian businesses respect human rights, particularly children’s rights, in their global operations.
Accepted and Rejected Recomendations
136. The following recommendations will be examined by Australia which will provide responses in due time, but no later than the thirty-first session of the Human Rights Council in March 2016:
136.34 Ratify the Optional Protocol to the Convention on the Rights of the Child on a communications procedure (Italy);
136.35 Ratify the Optional Protocol to the Convention on the Rights of the Child on a communications procedure (Montenegro);
136.101 Eliminate the disparities in access to services by Aboriginal and Torres Strait Islander children and their families, especially by reviewing the Australian birth registration process in order to ensure that all children are registered at birth (Poland);
136.102 Continue strengthening the efforts in promoting and protecting non- racial discriminatory policy and specifically also ensure that Aboriginal children have access to birth registration (Timor-Leste);
136.105 Continue strengthening the access mechanisms to social services for the Aboriginal and Torres Strait Islander children (Timor-Leste);
136.108 Continue strengthening measures to address disparities in the access to education and health services for aboriginal and islander children and their families (Ecuador);
136.109 Continue to implement the necessary measures to ensure indigenous children access to quality education (Lao People’s Democratic Republic);
136.113 Reduce the rate of family separation of indigenous peoples caused, among others, by the removal of babies and children from their families and the imprisonment of juveniles and adults (Paraguay);
136.122 Put an end to racism and racial discrimination, in particular, against the indigenous people, including demolition of buildings and discontinuation of funding to essential and municipal services in indigenous communities pursued by both federal and local governments, as well as the enforced sterilization and adoption of indigenous women and children (Democratic People’s Republic of Korea);
136.123 Continue paying special attention to the implementation of national policies for marginalized or vulnerable social groups, including migrant children, aboriginals and disabled persons (Nicaragua);
136.150 Continue conducting awareness-raising activities on human rights, especially rights of women, children, minorities and migrants, to law enforcement officers (Viet Nam);
136.153 Strengthen efforts to combat family violence against women and children, especially within indigenous communities (United States of America);
136.155 Penalize the ill-treatment of children, and adopt measures to investigate and punish the situations of vulnerability with regard to women and girls with disabilities (Chile);
136.158 Continue strengthening the measures taken to reduce violence
against women and their children (Libya);
136.159 Further effectively fulfil the National plan to Reduce Violence against Women and their Children 2010-2022 by means of sustained funding, independent monitoring and evaluation (Lithuania);
136.160 Ensure the effective implementation of the National Plan to Reduce Violence against Women and their Children, in particular to protect Aboriginal and Torres Strait Islander women, culturally and linguistically diverse women, and women with disabilities (Singapore);
136.161 Continue with implementation of the National Plan to Reduce Violence Against Women and their Children with a particular focus on support services and resources available to women living in more remote areas, and women from culturally and linguistically diverse backgrounds (Croatia);
136.162 Effectively implement the National Plan to Reduce Violence Against Women and Their Children and strengthen its actions to reduce violence and sexual abuse of women with disabilities and indigenous women (Czech Republic);
136.163 Ensure that incidents of violence against women and children are thoroughly investigated and perpetrators of violence are brought to justice (Pakistan);
136.165 Remove the reservation to the Convention on the Rights of the Child, and prohibit corporal punishment of children in the home and all other settings (Estonia);
136.166 Further promote protection of the rights of the child, giving emphasis to Indigenous Children (Greece);
136.167 Take immediate measures to ensure that all children have access to all levels of education and quality health services (Maldives);
136.168 Build on the achievements of the National Framework for Protection of Australian children (2009-2020), (Morocco);
136.169 Comprehensively improve the effectiveness of measures to protect the rights of the child (Tajikistan);
136.170 Continue with its efforts to protect all children, protect the rights and interests of children and provide vulnerable children with better access to childhood services (Bhutan);
136.173 Reform the juvenile justice system in conformity with the international standards and increase the protection of children involved in penal proceedings (Poland);
136.176 Develop alternatives to the mandatory sentencing laws placing children as young as 10 years of age in juvenile detention centres (Denmark);
- 136.177 Abolish the sentencing of children to life in prison (Lithuania);
- 136.178 Raise the age of criminal responsibility to 18 years as recommended
by the Committee on the Rights of the Child (Iceland);
136.179 Raise the age of the criminal responsibility in accordance with general comment No. 10 of the Committee on the Rights of Child (Uruguay);
136.180 Adopt national legislation prohibiting the use of sterilization of adults without their consent, and of children (Germany);
136.183 Adopt national uniform legislation prohibiting, except where there is a serious threat to life or health, the sterilisation of children and of adults with disability, in the absence of prior, fully informed and free consent (United Kingdom of Great Britain and Northern Ireland);
136.185 Provide comprehensive disability protection, with particular attention to the rights of children, while avoiding medical and political practices that affect the freedom and dignity of persons with disabilities (Holy See);
136.203 Continue efforts to train authorities involved in the administration and handling of justice in cases that affect indigenous peoples on the human rights of this group of society and review the cases of indigenous detainees, in particular children and women, with a view to providing them adequate assistance (Mexico);
136.211 Improve the quality and coverage of its early childhood care and education for indigenous children and children living in remote areas and ensure adequate resources for implementing bilingual models of education (Republic of Moldova);
136.235 Ensure that all migrant children, irrespective of their migration status, have access to education and healthcare services in the exact same terms as Australian children do (Portugal);
136.245 Review its immigration laws and policies and ensure compliance with its international obligations, especially regarding the rights of children (Fiji);
136.248 Ensure all children of asylum seekers are protected (Maldives);
136.255 Ensure that no child is detained on the basis of his/her immigration status (Luxembourg);
136.256 Remove children and their families and other individuals at risk, in particular survivors of torture and trauma, from immigration detention centres (Germany);
136.257 Cease the detention of children in immigration detention centres (Maldives);
136.258 Immediately end the mandatory detention of migrant children and ensure that the best interests of the children are respected (Slovenia);
136.259 Develop alternative solutions to mandatory detention of asylum seekers, particularly in the case of children (France);
136.261 Immediately halt mandatory detention of asylum seeker children (Maldives);
136.264 Review its national migration and asylum policies with a view to bring them in line with the Convention against Torture as well as the Convention on the Rights of the Child, particularly with regard to conditions of detention (Honduras);
III. Voluntary pledges and commitments
140. The Government of Australia committed to addressing the scourge of family violence. A $100 million package of measures announced on 24 September 2015 will provide a safety net for women and children at high risk of experiencing violence. The package will improve frontline support and services, leverage innovative technologies to keep women safe, and provide education resources to help change community attitudes to violence and abuse. The package includes $21 million for specific measures to help indigenous women and communities.