AUSTRALIA: Children's Rights in the UN Special Procedures' Reports

Summary: This report extracts mentions of children's rights issues in the reports of the UN Special Procedures. This does not include reports of child specific Special Procedures, such as the Special Rapporteur on the sale of children, child prostitution and child pornography, which are available as separate reports.

Please note that the language may have been edited in places for the purpose of clarity.

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• UN Special Rapporteur on Health
• UN Special Rapporteur on Indigenous Peoples
• UN Special Rapporteur on Adequate Housing
• UN Working Group on Arbitrary Detention
• UN Special Rapporteur on Contemporary Forms of Racism
• UN Special Rapporteur on Freedom of Religion or Belief

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UN Special Rapporteur on Health
(/HRC.14.20/Add.4)
Anand Grover

Country visit: 23 November - 4 December 2009
Report published: 3 June 2010

Concerns raised:

• Health status of Aboriginal and Torres Strait Islander populations: Injury and poisoning are large contributors to indigenous morbidity, especially for younger people. Widespread hurt, loss, and suffering in Indigenous communities also leads to an increase in incidence of intentional injury – hospitalisations for injury due to assault are 8 and 35 times higher for Indigenous males and females respectively.

  Indigenous child mortality and disease also contribute to the gap in life expectancy. Although it has declined significantly in certain states, it continues to be disproportionately higher across a range of causes, including respiratory-related mortality, nutritional anaemia, infectious and parasitic diseases, and emotional and behavioural difficulties (paragraphs 34 and 35).

  The Special Rapporteur calls upon the Government of Australia to take a number of measures which include passing the Racial Discrimination Act regarding the Northern Territory and introduce constitutional protection of the rights of Indigenous peoples; enshrining the right of the enjoyment of the highest attainable standard of health within the Constitution of Australia; urgently addressing the qualitative and quantitative inadequacy of educational services for remote communities (paragraph 100).

• Education: While educational attainment of Indigenous Australians continues to improve, indicators of numeracy, literacy and reading skills, as well as school retention, are all considerably lower among indigenous children compared to mainstream Australians. More than one-third of Australia's indigenous 15-year-old students have been assessed to "not have the adequate skills and knowledge in reading literacy to meet real-life challenges and remain at a substantial disadvantage in their lives beyond school".40 Post-secondary education levels also remain lower among indigenous Australians (paragraph 40).

  The Special Rapporteur welcomes the Government's commitment to halving the gap in literacy and numeracy outcomes between Indigenous and non-Indigenous Australians within a decade from 2008. As lack of education is a significant structural issue impeding empowerment and equality of indigenous people; improving this determinant needs to be a priority. Schooling must be culturally inclusive, including the teaching of indigenous languages, and schools should build partnerships with communities to ensure educational relevance, supportive school environments45 and a greater understanding of cultural factors.46 This will require flexible financial support that allows schools to tailor their approaches to the local context (paragraph 43).

• Health care for indigenous children: Indigenous Australians are hospitalised for potentially preventable conditions at five times the rate of other Australians as a result of lack of access to preventive health measures such as vaccination, health promotion, early screening and diagnosis. Simple screening, prevention and treatment programmes can reduce deaths due to heart disease and limit progression to end-stage renal failure significantly, and result in considerable savings in tertiary care expenditures. The Special Rapporteur was informed that current efforts in maternal, newborn and child health are not managed comprehensively, and are often limited to acute medical interventions on a needs basis. This is illustrated by the decline in neonatal and infant mortality, without an accompanying decrease in child morbidity due to malnutrition and infectious diseases. (paragraph 51).
• Use of and condition in immigrations detention centres: In July 2008, the current government announced its seven 'Key Immigration Detention Values' which utilise a risk-based approach to immigration detention and seek a prompt resolution of cases, but maintain mandatory detention as an essential component of Australia's border control. The Department of Immigration and Citizenship has stated its commitment to detention as a last resort, to avoid detention of children in immigration detention centres, to review the length and conditions of detention regularly, and to treat people in detention fairly, reasonably within the law, and with respect of their inherent dignity (paragraph 84).
• Mental health care in detention centres: A correlation between length of stay in immigration detention and mental health issues has been established through various studies,91 including a large-scale review of health in Australian immigration detention centres.92 The results indicate that those detained for longer periods of time (greater than 24 months) had particularly poor health, both mental and physical. Significantly, people detained for over 24 months had rates of new mental illness 3.6 times higher than for those released within 3 months.93 The mental health of detainees reportedly deteriorates significantly during immigration detention, and numerous instances of self-harming behaviour have been documented, including among children (paragraph 92).

  While the Special Rapporteur was unable to visit Christmas Island and the immigration detention centre there due to time constraints, he notes with concern information provided to him during his mission; in particular, the fact that children continue to be detained on Christmas Island, albeit in community detention. As at 5 March 2010, there were 1,808 people in immigration detention on Christmas Island.97 Conditions in the immigration detention centre have been described as cramped and the temporary accommodation of tents and converted classrooms as "unacceptable". (paragraph 96).

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UN Special Rapporteur on Indigenous Peoples
James Anaya
(A/HRC.12.34.Add.10)

Country visist: 17 to 28 August 2009
Report published: 28 October 2009

Concerns raised:

• Discrimination against indigenous children: It is clear that ... historical forces continue to make their presence known today, manifesting themselves in serious disparities between indigenous and non-indigenous parts of society, including in terms of life expectancy, basic health, education, unemployment, incarceration, children placed under care and protection orders, as well as of access to basic services.

  Given the above-mentioned disparities, the Government has developed and implemented a number of important initiatives in order to close the gap of indigenous disadvantage within a wide range of social and economic areas, with a stated emphasis on women and children; these programmes must continue to be improved and strengthened. The Special Rapporteur also stresses that he learned of numerous programmes in place by indigenous authorities and organisations, at the local, regional and national levels, that have been working effectively to address the many problems that their communities face. (Paragraphs 4 and 5).

  The Special Rapporteur stresses that affirmative measures by the Government to address the extreme disadvantage faced by indigenous peoples and issues of safety for children and women are not only justified, but indeed required under the international human rights obligations of Australia. However, any such measure must be devised and carried out with due regard for the rights of indigenous peoples to self-determination and to be free from racial discrimination and indignity. (Paragraph 7)

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UN Special Rapporteur on Adequate Housing
(A/HRC/4/18/Add.2)
Miloon Kothari

Country visit: 31 July to 15 August 2006
Report published: 11 May 2007

Concerns raisedL

• Homelessness: On census night in 2001 there were at least 100,000 homeless people: 78 per cent of whom were single, 13 per cent couples and 9 per cent families (including 13,401 children). Overall, 42 per cent were women, and almost half (46 per cent) were under 25 years of age; 26 per cent were between 12 and 18, and 10 per cent were children under 12.

  In 2004-2005, the Supported Accommodation Assistance Program (SAAP) provided support to 157,200 homeless people: 100,400 were adults or unaccompanied children, and 56,800 were accompanying children. The Australian Health Welfare Institute report indicates that one in two people who tried to access SAAP services were turned away and three out of four children were not able to access SAAP accommodation upon request. (Paragraphs 40 and 41)

  Poverty and homelessness is perpetuated by the absence of a guaranteed minimum income, together with the fact that social security payments are generally pegged and paid below the Henderson Poverty Line. For a single parent with two children, the poverty line was $433.46 per week, while the base rate of income support available was $232.10 (or 54 per cent of the poverty line), rising to $461.70 (or 107 per cent of the poverty line) with Family Tax Benefit A and B and the highest payable rate of Rent Assistance. (paragraph 48)

  The situation seems to have worsened since the establishment earlier this year by the federal Government of the new social security legislation, known as the Welfare to Work legislation, which introduced further punitive sanctions for those that are unable to meet the "participation obligations" under the Act.

  It is estimated that, as a result of the changes, more than 60,000 new applicants, who would have otherwise been eligible, will miss out on the Disability Support Pension and more than 170,000 sole parents and 290,000 children will be worse off. Perhaps most draconian are the amendments to the social security compliance regime. A person who fails to meet a participation requirement (i.e., failing to attend a training course) may have their payment suspended until they comply. Where a person has failed to meet a participation requirement three times, their payments may be suspended for a period of eight weeks and the person will receive no income whatsoever during this time. (Paragraphs 49 and 50)

• Housing conditions: Housing conditions witnessed by the Special Rapporteur have evident impact on the health conditions of its inhabitants, especially on women and children. For instance, in 1999-2003, the infant mortality rate for Aboriginal and Torres Strait Islander infants was three times that of non-indigenous infants; over 1996-2001, there was an estimated difference of approximately 17 years in life expectancy. (Paragraph 86)
• Homeless children: On previous occasions, several recommendations have been made by the Committee on the Rights of the Child about problems faced by indigenous children, the spread of homelessness among young people, children in immigration detention, juvenile justice and the disproportionately high percentage of indigenous children in the juvenile justice system. In particular, the Committee has recommended that Australia "increase its efforts to provide affordable housing options and take all possible measures to raise the standard of living of indigenous children and children living in rural and remote areas".

  The Special Rapporteur was informed of the lack of adequate refuge for women and disabled children, single mothers with children or youth feeling domestic violence. The very negative effect of homelessness on children was highlighted, especially the impact on their physical and mental health, their schooling and longer-term life outcomes. (paragraph 74)

  Young people and children are experiencing homelessness in every suburb of Sydney and region of New South Wales (NSW). On census night in NSW, it was reported that 9,137 young people were homeless, sleeping in parks, under bridges, in youth homeless services, with friends or strangers, or in risky situations. Young people are homeless due to both structural and individual causes beyond their control: family breakdown; mental health; lack of affordable housing; lack of income; etc. (paragraphs 74 and 75)

  Homeless services in NSW are stretched to capacity; there is only enough room for 15 per cent of these young people in the 165 accommodation services for young people throughout NSW on any given night.
  There were 8,850 clients of NSW SAAP agencies between 15 and 24 years of age, including 500 young people under 15 years of age but without an accompanying parent. Family breakdown was cited by 20 per cent of females alone under 25 years old and 14 per cent of males alone under 25 years old as their main reason for seeking assistance. (Paragraphs 109-111)

• Accommodation for refugees: Finally, TPV holders are not entitled to on-arrival accommodation assistance and only have limited access to state-provided public housing assistance (depending on each individual state, rental assistance and other services may be provided). As a result, refugees are often left to find their own accommodation, relying heavily on community organisations and any family or friends they may have to assist them. Currently, only unaccompanied minors, single mothers, or individuals deemed at "high risk" psychologically, are given access to housing services. It was stated generally that the private rental market is reluctant to rent to refugees or on Centrelink benefits. (Paragraph 119)

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UN Working Group on Arbitrary Detention
(E/CN.4/2003/8/Add.2)

Country visit: 24 May to 6 June 2002
Report published: 24 October 2002

Concerns raised:

• Immigration detention: Of particular concern is the detention of a large number of children. As of 3 May 2002, 170 minors (65 girls and 105 boys, of whom 5 are unaccompanied) were in detention. According to testimonies gathered during the visit to the centres, most of these children find themselves detained after having experienced a first traumatic episode (persecution or armed conflict followed by clandestine flight and therefore a brutal rupture with the family environment and, for a number of them, the hardships of boat people). Their detention, coming without a transition at the very moment that their trials seemed to be coming to an end, exacerbates their distress. (Paragraph 28)

  One can also cite the National Inquiry into Children in Detention submitted recently (May 2002) to HREOC by the Conference of Leaders of Religious Institutes (CLRI) who emphasise the stress - as the delegation itself observed - of having to live surrounded by razor wire 24 hours a day, the constant roll calls, the tension between the security officers - akin to police or army - and the detainees. Also brought to the fore was the stress provoked in certain centres by the sight of acts of self-mutilation, or the panic that seizes the children when riots break out in confined quarters to protest against the conditions of confinement, as occurred in Port Hedland in January 2001 (CLRI report, pp. 4-6).

  This environment, oppressive for everyone (some children see their families crack, as the delegation witnessed in Woomera), causes recurrent behaviour problems such as refusing food, "sleep problems, night terrors, regression to bed wetting, temper tantrums" and, in the most serious cases, acts of self-mutilation (lacerating), and even suicide attempts (ibid.). The report gives statistics (see paragraph 39 below). (Paragraph 30- 31)

  Twenty-nine children and young people up to the age of 20 were recorded as having self-harmed." Following its interviews with detainees, the delegation was able to compile a list of the following acts of self-harm, some of which were witnessed personally:

  (a) Corporal lacerations by jumping onto the razor wire (witnessed by the delegation) or by stealing sharp implements to lacerate arms or legs. The delegation was informed of the case of a detainee who cut the word "freedom" into his arm;

  (b) Lips sewn together (two cases during the visit);

  (c) Hitting of the head against walls or objects such as air conditioning units;

  (d) Suicide or attempts by hanging, jumping off buildings or trees (the case of an Afghan whom the delegation met in Perth), taking an overdose of medicine, and poisoning by drinking shampoo, detergent, fly spray or other toxic liquids. (Paragraph 39)

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UN Special Rapporteur on Contemporary Forms of Racism
(E/CN.4/2002/24/Add.1)
Maurice Glèlè-Ahanhanzo 

Country visit: 22 April 2001 to May 2001
Report published: 26 February 2002

Concerns raised:

• Forcible removal of children: The devastating impact of forcible removal policies was finally given proper public recognition during the Inquiry into the Separation of Aboriginal and Torres Strait Islander Children from their Families by the Human Rights and Equal Opportunity Commission. It documented the grief, trauma and loss of culture resulting from the policies. The report of the inquiry, Bringing Them Home, issued in 1997, concluded that the forcible removal policies were a denial of common-law rights and a serious breach of human rights. The report recommended reparations for these violations. It said they were a breach of human rights amounting to genocide. (Paragraph 82)
• Immigration detention centres: The Special Rapporteur was informed that there are over 3,000 people, including women and children, being held in DIMA detention centres. A disproportionate number of these people are adherents of the Muslim religion, mostly from the Middle East and Asia. Others are from the Pacific Islands and Africa. Some have been kept there for several years, during which time they have been prevented from communicating with the outside world. It has been alleged that punitive, cruel and degrading treatments, often in the guise of "psychiatric care", are routine in these detention centres. Injections with chemical substances to restrain, followed by solitary confinement, are routinely used as punishments. Wackenhut Corrections Corporation also provides health care to detainees and these treatments reportedly are racially discriminatory, punitive and harmful to the physical and mental health of recipients. (Paragraph 103)

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UN Special Rapporteur on Freedom of Religion or Belief
Mr Abdelfattah Amor
(E/CN.4/1998/6/Add.1)

Country visit: 17 February to 1 March 1997.
Report published: 4 September 1997.

Concerns raised:

• Discrimination facing religious communities: Religious education is one of the characteristics of the Buddhist and Hindu Asian communities. Such teaching can usually be provided in private schools without any problem. However, the authorities and Hindu and Buddhist representatives said that obstacles had occasionally arisen when applications were made for building permits for private training schools; residents in the area of a future building site opposed such projects for fear of an Asian invasion which would upset local cultural and social characteristics and lower property values. It was also stated that local authorities sometimes rejected applications for building permits because they were not in conformity with the relevant legislation, since they did not contain information on the procedure to be followed. (Paragraph 62)
• Allegations of sexual abuse in religious communities: Children of the Family community are home schooled. Public authorities have investigated Family communities and concluded that there was no evidence supporting charges of sexual abuse against minors or the media description of the movement being a "dangerous sect". Judicial proceedings, which had been started against the Family were dismissed by the Children's Court in New South Wales in1993. (Paragraphs 72-74)