AUSTRALIA: Children's Rights in UN Treaty Body Reports

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Summary: This report extracts mentions of children's rights issues in the reports of all UN Treaty Bodies and their follow-up procedures. This does not include the Concluding Observations of the UN Committee on the Rights of the Child which are available here: http://www.crin.org/resources/treaties/index.asp

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UN Human Rights Committee

CCPR/C/AUS/CO/5

Last reported: 23 and 24 March 2009
Concluding Observations adopted: 2 April 2009

Sexual abuse: The Committee notes with concern that certain of the Northern Territory Emergency Response (NTER) measures adopted by the State party to respond to the findings of the report of the Board of Inquiry into the Protection of Aboriginal Children from Sexual Abuse in the Northern Territory ("Little Children are Sacred" of 2007) are inconsistent with the State party's obligations under the Covenant. It is particularly concerned at the negative impact of the NTER measures on the enjoyment of the rights of indigenous peoples and at the fact that they suspend the operation of the Racial Discrimination Act 1975 and were adopted without adequate consultation with the indigenous peoples. (arts. 2, 24, 26 and 27)

The State party should redesign NTER measures in direct consultation with the indigenous peoples concerned, in order to ensure that they are consistent with the 1995 Racial Discrimination Act and the Covenant. (para. 14)

Stolen Generation: While taking note with satisfaction that the State party has implemented some of the recommendations of the Human Rights and Equal Opportunity Commission's "Bringing Them Home" report, the Committee regrets that it has not granted reparation, including compensation, to the victims of the Stolen Generation policies. (arts. 2, 24, 26 and 27)

The State party should adopt a comprehensive national mechanism to ensure that adequate reparation, including compensation, is provided to the victims of the Stolen Generations policies. (para. 15)

Use of force by law enforcement officials: The Committee expresses concern at reports of excessive use of force by law enforcement officials against groups, such as indigenous people, racial minorities, persons with disabilities, as well as young people; and regrets that the investigations of allegations of police misconduct are carried out by the police itself. The Committee is concerned by reports of the excessive use of the electro-muscular disruption devices (EMDs) "TASERs" by police forces in certain Australian states and territories. (arts. 6 and 7)

The State party should take firm measures to eradicate all forms of excessive use of force by law enforcement officials. It should in particular: (a) establish a mechanism to carry out independent investigations of complaints concerning excessive use of force by law enforcement officials; (b) initiate proceedings against alleged perpetrators; (c) increase its efforts to provide training to law enforcement officers with regard to excessive use of force, as well as on the principle of proportionality when using force; (d) ensure that restraint devices, including TASERs, are only used in situations where greater or lethal force would otherwise have been justified; (e) bring its legislative provisions and policies for the use of force into line with the United Nations Basic Principles on the Use of Force and Firearms by Law Enforcement Officials; and (e) provide adequate reparation to the victims. (para. 21)

Juvenile justice: The Committee express concern at the notable gaps in the protection of children and juveniles in the criminal justice system, and that children and juveniles can be detained in adult facilities or held in immigration detention facilities, where they are sometimes subject to abuse. (arts. 9, 14 and 24)

The State party should ensure that children in conflict with the law, including those in detention, are treated in consistence with the Covenant and the United Nations Rules for the Protection of Juveniles Deprived of their Liberty. The State party should implement the recommendations of the Human Rights and Equal Opportunity Commission in this regard. The situation of children in detention should be addressed within the State party's proposed new child protection framework. (para. 24)

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UN Human Rights Committee: Follow-up

Follow-up requested on paragraphs 11, 14, 17 and 23.

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UN Committee on Economic, Social and Cultural Rights

E/C.12/AUS/CO/5

Last reported: 16 February 2016

Concluding observations adopted: 11 July 2017

Issues raised:

National Legislation:

The Committee also welcomes the legislative, institutional and policy measures taken to promote economic, social and cultural rights in the State party, including:Youth Employment Strategy(2015); Remote School Attendance Strategy (2014); National Partnership Agreements on Universal Access to Early Childhood Education 2013-2014, 2015 and 2016-2017; National Framework for Protecting Australia’s Children 2009-2020 and its action plans; National Plan to Reduce Violence against Women and their Children 2010 (para. 4)

Asylum Seekers:

The Committee is aware that a high number of persons are granted humanitarian protection in the State party. The Committee is, however, alarmed by the punitive approach taken by the State party in recent years towards asylum seekers arriving by boat without a valid visa. The Committee also remains concerned at the State party’s policy of transferring asylum seekers to the regional processing centres for the processing of their claims, despite public reports on the harsh conditions prevailing in those centres, including for children. This includes acute isolation, overcrowding, limited access to basic services, including health care and education, allegations of sexual abuse by the service providers, acts of intimidation, taunting and provocation, and continuing reports of suicide and self-harm (art. 2) (para. 17).

The Committee reiterates that the State party continues to be accountable for the treatment of asylum seekers in the regional processing centres, over whom it exercises effective control, including through funding the centres and hiring companies to provide services. The Committee urges the State party to: Halt its policy of offshore processing of asylum claims; Complete the closure of the regional processing centres, repatriate all concerned persons to Australia and process their asylum claims with all procedural safeguards, while respecting their right to family reunification; Implement the recommendations made by the Special Rapporteur on the human rights of migrants, in his report of 24 April 2017 (A/HRC/35/25/Add.3); Consider the Committee’s statement on duties of States towards refugees and migrants under the International Covenant on Economic, Social and Cultural Rights, adopted on 24 February 2017 (E/C.12/2017/1) (para. 18).

Poverty:

The Committee notes the continuing absence of an adequate poverty measurement tool in the State party, and regrets the limited statistical data on the extent and depth of poverty. It also notes with concern the reported increase of poverty, including child poverty, affecting more than 2.5 million persons (art. 11) (para. 39).

The Committee reiterates its previous recommendation to the State party to adopt and implement a comprehensive strategy to combat poverty and promote social inclusion, while paying particular attention to disadvantaged and marginalized individuals and groups. It also recommends that the State party collect data on the extent and depth of poverty, also disaggregated by sex, indigenous peoples, age, urban/rural area and disability, and provide such data in its next periodic report. In that regard, the Committee draws the attention of the State party to its statement on poverty and the Covenant, adopted on 4 May 2001 (E/C.12/2001/10) (para. 40).

Mental Health:

The Committee is extremely concerned with regard to the negative impact on mental health of the prolonged detention of children in the regional processing centres (arts. 2 and 12) (para. 45).

The Committee urges the State party to revise its approach to mental health and ensure full respect for the human rights of persons with cognitive or psychosocial disabilities. The Committee recommends that the State party ensure access to appropriate child and family psychiatric care by asylum seekers and support for their social integration (para. 46).

Intersex persons:

The Committee is concerned that children born with intersex variations are subject to early surgeries and medical interventions before they are able to provide full and informed consent (art. 12) (para. 49).

The Committee recommends that the State party study and implement the recommendations put forward in the 2013 report of the Senate Community Affairs References Committee entitled “Involuntary or coerced sterilisation of intersex people in Australia” (para. 50).

Right to education:

The Committee is concerned at the limited availability of culturally appropriate early education programmes for indigenous children, especially in remote areas. The Committee is also concerned about the lower educational achievements of indigenous children at all school levels, and that school attendance decreases with remoteness. Despite the information provided by the delegation, the Committee is concerned that a number of asylum seekers’children transferred by the State party to Nauru are in reality not attending school (arts. 2, 13 and 14) (para. 51).

The Committee recommends that the State party continue implementing the Remote School Attendance Strategy and the National Partnership Agreement on Universal Access to Early Childhood Education, with a particular focus on indigenous children. The Committee also recommends that the State party applya culturally appropriate approach in its early childhood programmes in remote areas, and ensure genuine engagement of the concerned indigenous peoples in the design, implementation and evaluation of related policies and programmes. The Committee urges the State party to take effective measures to ensure that all refugees and asylum seekers’children within its territory or under its jurisdiction enjoy the right to education, without discrimination or harassment (para. 52).

The Committee is concerned about inequitable State funding for schools, which is leading to a form of segregation in education in which public schools are underfunded and academic performance depends strongly on the income of the family, and to the concentration of disadvantaged and marginalized students in underfunded public schools (para. 53).

The Committee appreciates the information provided during the dialogue about the State party’s willingness to study and implement recommendations put forward in the review of funding for schooling, the so-called Gonski review (2011). The Committee recommends, in particular, that the State party’s investments in schools be based on students’needs and, to that end, it encourages the State party to put in place an expert national schools resourcing body, as recommended by the Gonski review. The Committee encourages the State party to provide information in the next periodic report on the progress in implementing the recommendations of the Gonski review (para. 54).

While noting with appreciation that all state and territory jurisdictions have developed policies that support inclusive education practices, the Committee is concerned that many children with disabilities are in reality placed in special schools (arts. 2, 13 and 14) (para. 55).

The Committee recommends that the State party take effective steps to ensure that children with disabilities, including those with cognitive impairments, can access inclusive education. In that regard, the State party is encouraged to implement the 2016 report of the Senate Education and Employment References Committee “Access to real learning: the impacts of policy, funding and culture on students with disability”(para. 56).

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E/C.12/AUS/CO/4

Last reported: 5 and 6 May 2009
Concluding Observations adopted: 20 May 2009

Social security: The Committee is concerned that the social security system in the State party does not ensure universal coverage and that the insufficient amount of certain benefits does not provide an effective income support system. The Committee is concerned that existing conditionalities for the payment of benefits have a negative impact on disadvantaged and marginalised individuals and groups.(art.9)

The Committee recommends that the State party take additional measures, legislative or otherwise, to ensure universal coverage of the social security system so as to include asylum-seekers, newly arrived immigrants and indigenous peoples. The Committee also recommends that social security benefits, including unemployment benefits, old age pensions and youth allowance enable recipients to enjoy an adequate standard of living. The Committee strongly recommends that the State party review conditionalities such as "mutual obligations" in the welfare to work programme and the "quarantining" of welfare payments under the Northern Territory Intervention that may have a punitive effect on disadvantaged and marginalized families, women and children. The Committee further recommends that the State party consider ratifying ILO Convention No. 102 (1952) concerning Minimum Standards of Social Security. (para. 20)

Domestic violence: The Committee notes with concern that, despite the efforts undertaken by the State party to address domestic violence, including violence against women, this practice persists in Australia, and affects in particular indigenous women. (art.10)

The Committee recommends that the State party take appropriate measures, including specific legislative measures criminalising acts of domestic violence. In particular, the State party should consider adopting the Australian Human Rights Commission's proposals related to the development of the new Plan of Action to Reduce Violence against Women and their Children, ensuring that it reflects human rights principles; and increase shelters and support services for the victims. The Committee further recommends that the State party increase its efforts to prosecute acts of domestic violence. The Committee request the State party to include in its next periodic report available information on the number and nature of reported cases of domestic violence, on the conviction, and the sanctions imposed on perpetrators, as well as any assistance and rehabilitation measures provided to victims of domestic violence. (para. 22)

Health of indigenous children: In spite of the State party's commitment to "close the gap" in key health indicators between indigenous and non-indigenous people, the Committee notes with concern the continuing high levels of ill health among indigenous people, in particular women and children.(arts. 2, para. 2; and 12)

The Committee calls on the State party to take immediate steps to improve the health situation of indigenous people, in particular women and children, including by implementing a human rights framework that ensures access to the social determinants of health such as housing, safe drinking water, electricity and effective sanitation systems. Further, the Committee invites the State party to identify disaggregated health indicators and appropriate national benchmarks in relation to the right to health, in line with the Committee's general comment No. 14 , and to include information on the process of identifying such indicators and benchmarks in its next periodic report. (para. 28)

Unequal access to services: The Committee notes with concern the persistence in the State party of disparities in access to the educational system for indigenous peoples, including those living in remote areas, compared with the rest of the population, as well as the deficient quality of education provided to persons living in remote areas, in particular indigenous peoples. It regrets that access to pre- school education is not equally guaranteed throughout the State party. (arts. 2, para. 2; and 13)

The Committee recommends that the State party produce accurate national data on indigenous school-age children in remote areas to assess whether the existing education infrastructure and services meet the needs of indigenous peoples living in remote areas. The Committee also recommends that wherever the school provision does not meet the populations' needs, the State party develop an adequate national plan to improve the educational system for indigenous peoples, including in remote areas. (para. 31)

The Committee recommends that the State party provide human rights education on economic, social and cultural rights to students at all levels of education and make available extensive human rights training for members of all professions and sectors having a direct role in the promotion and protection of human rights, including judges, lawyers, civil servants, teachers, law enforcement officers, migration officers, the police and the military. (para. 34)

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UN Committee against Torture

CAT/C/AUS/CO/4-5

Adopted by the Committee: 26 November 2014

Issues raised:

Immigration policy:

The Committee remains concerned that detention continues to be mandatory for all unauthorised arrivals, including forchildren, until the person concerned is granted a visa or removed from the State party. The Committee recommends the State party should also ensure that persons in need of international protection, children and families with children  are not detained or, if at all, only as a measure of last resort, after alternatives to detention have been dulyexamined and exhausted, when determined to be necessary and proportionate in each individual case, and for as short a period as possible (para.16).

Asylum:

The Committee is concerned at the State party’s policy of transferringasylum seekers to the regional processing centres located in Papua New Guinea (Manus Island) and Nauru for the processing of their claims,despite reports on the harsh conditions prevailing in these centres, including mandatory detention, including for children (para.17).

Sexual abuse:

While welcoming the establishment of the Royal Commission into Institutional Responses to Child Sexual Abuse, the Committee remainsconcerned inter aliaas to whether the outcome of its work will result incriminal investigations, prosecutions and redress and compensation for victims. The Committee recommends that the State party take all necessary measures to ensure that all allegations of sexual abuse, regardless of the time of their commission,are promptly, impartially, thoroughlyand effectively investigated and perpetrators brought to justice and, if found responsible, punished in accordance with the gravity of their acts (para.19).

Disabled children:

The Committee is concerned at reports receivedindicating that involuntary or coerced sterilization of children and adults with disabilities is an ongoing practice in the State party (arts 2 and 16).The Committee recommends that the State party enact national uniform legislation prohibiting, except where there is a serious threat to life or health, the use of sterilisation without the prior, free and informed consent of the personconcerned, and ensure that, once adopted, this legislation is effectively applied (para.20).

 

CAT/C/AUS/CO/3

Last reported: 29 and 30 May 2008
Concluding Observations adopted: Not stated

Detention of children: The Committee is concerned about the arrangements for the custody of persons deprived of their liberty. In particular, the Committee notes with concern:

(a) Overcrowding in prisons, in particular in Western Australia;

(b) The insufficient provision of mental health care in prisons and reports indicating that mentally ill inmates are subjected to extensive use of solitary confinement and subsequent increased risks of suicide attempts;

(c) The disproportionately high numbers of indigenous Australians incarcerated, notably among them the increasingly high rates of children and women;

(d) The continued reports of indigenous deaths in custody due to causes that are not clearly determined.

In order to improve the arrangements for the custody of persons deprived of their liberty, the State party should;

(a) Undertake measures to reduce overcrowding, including consideration of non- custodial forms of detention, and in the case of children in conflict with the law ensure that detention is only used as a measure of last resort;

(b) Provide adequate mental health care for all persons deprived of their liberty;

(c) Abolish mandatory sentencing due to its disproportionate and discriminatory impact on the indigenous population;

(d) Seek to prevent and investigate any deaths in custody promptly. Furthermore, the State party should continue implementation of pending recommendations from the Royal Commission into Aboriginal Deaths in Custody of 1991. (para. 23)

The Committee welcomes the amendment to the Migration Act in 2005 and the commitment of the new Government that children will no longer be housed in immigration detention centres under any circumstances. However, the Committee regrets that children may still be kept in alternative forms of detention and that during the reporting period a considerable number of children spent long periods of time in detention centres. Furthermore the Committee is concerned about the inadequate mental health care for detained asylum-seekers. (para. 25)

The State party should;

(a) Abide by the commitment that children no longer be held in immigration detention centres under any circumstances. Furthermore, it should ensure that any kind of detention of children is always used as a measure of last resort and for a minimum period of time;

(b) As a matter of priority, ensure that asylum-seekers who have been detained are provided with adequate physical and mental health care, including routine assessments.

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UN Committee against Torture: Follow-up

Follow-up requested on paragraphs 9, 10, 11 and 25.

CAT/C/AUS/CO/3/Add.1

Received 29 May 2009

FOLLOW UP TO 25

Children in immigration detention: Australia takes its human rights obligations relating to children very seriously.

In June 2005, Australia reformed the management of immigration detention to enable families with children to live in the community under alternative detention arrangements while their visa status was resolved.

In 2008, Australia took these reforms further by introducing a range of reforms to Australia's immigration detention system, including the introduction of seven key immigration detention values (as described in the Government's response to concluding observation 11).

In accordance with those values, the Australian Government policy is that children and, where possible, their families, will not be detained in an immigration detention centre under any circumstances. All families with children who enter into immigration detention are referred to the Minister for Immigration and Citizenship for possible consideration for Community Detention arrangements as soon as practicable, once health, security and identity requirements are satisfied.

While there will be occasions when children will be accommodated in low security facilities within the immigration detention framework, such as immigration residential housing (IRH) and immigration transit accommodation (ITA), the priority will always be that children and their families will be promptly accommodated in community detention. This arrangement allows children and their families to move about in the community and receive support from Non-Government Organisations (NGOs) and state welfare agencies, as necessary.

The policy priority continues to be the resolution of children's status at the earliest possible juncture.

This policy also encompasses those who arrive as unauthorised boat arrivals at locations known as excised offshore places and are accommodated on Christmas Island.

The Australian Government considers that this measured approach strikes a balance between operating a migration programme with integrity whilst also ensuring that the welfare of children is paramount.

(paras. 36-43)

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UN Committee on the Elimination of Discrimination against Women

CEDAW/C/AUL/CO/7

Last reported: 20 July 2010
Concluding Observations adopted: Not stated

Violence against women: The Committee notes with concern the unacceptably high levels of violence against women that persist in Australia, with one in three Australian women experiencing physical violence in their lifetime and one in five experiencing sexual violence. It also notes the lack of federal legislation or minimum standards for protection of women against violence and domestic violence. The Committee welcomes the establishment in 2008 of a national council to advise on the development of an evidence-based national plan to reduce violence against women and their children and the Council's report, "Time for Action", presented in April 2009. (para. 28)

The Committee encourages the State party to continue its efforts to tackle the persistent problem of violence against women and urges the State party to adopt national legislation and adopt, implement and adequately fund as a matter of urgency the National Action Plan to Reduce Violence against Women and Their Children, including a mechanism for independent monitoring. The Committee further recommends that the State party develop strategies to prevent homelessness resulting from domestic violence and ensure that women who are victims of domestic and family violence and their children are provided with appropriate ongoing accommodation and integrated support. The Committee recommends that the State party take appropriate measures, including specific legislative measures criminalizing acts of domestic violence, prosecute acts of domestic violence and punish the perpetrators of such acts. The Committee requests the State party to include under the Committee's follow-up procedure referred to in paragraph 50 of the present concluding observations available information on the number and nature of reported cases of domestic violence, on the conviction and the sanctions imposed on perpetrators, as well as any assistance and rehabilitation measures provided to victims of domestic violence. (para. 29)

Trafficking: The Committee commends the State party for the measures it has adopted in order to combat trafficking in human beings and the exploitation of women, including the implementation of a multi-million dollar national plan to eradicate trafficking in persons mirroring the objectives of the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, which supplements the Palermo Convention against Transnational Organized Crime. It furthermore notes with satisfaction that, in response to the Committee's 2006 recommendations, the State party provides a more humanitarian response to suspected victims of trafficking through the Support for Victims of People Trafficking Programme and the People Trafficking Visa Framework since 1 July 2009. The Committee also notes the efforts made by the State party internationally and regionally to address the problem of trafficking in human beings across borders. (para. 30)

The Committee recommends that the State party adopt a human rights framework in its revised action plan and consider complementary approaches to the current criminal justice approach. The Committee recommends that the State party take steps to improve coordination among government agencies involved in anti-trafficking for its full cycle of work. The Committee further recommends that the State party undertake a formal review on the return and reintegration of trafficking victims and develop guidelines for repatriation for police and other relevant personnel. The Committee also recommends that the State party review the provision of accommodation for women trafficked into Australia with a view to offering more options and reducing stress on the victims. The Committee requests the State party to include in its next report information on civil proceedings for provision of access to compensation for victims, the number of cases and the amount of compensation awarded. The Committee urges the State party to undertake an impact assessment of the Bali Process in order to ensure the sustainability of its networking among the countries under this project. The State party is also encouraged to evaluate and monitor the Asia Regional Trafficking in Persons Project (ARTIP) and to continue its assistance to member States of the Association of Southeast Asian Nations (ASEAN) in order to improve investigation and judicial process in cases of trafficking in human beings. (para. 31)

Education: The Committee notes that a number of well-resourced initiatives have been undertaken to eliminate discrimination against girls and women at all levels in the education system. The Committee is, however, concerned that information, as provided, does not always allow for a full understanding of ways in which multiple forms of discrimination impact outcomes for specific groups such as indigenous women and girls. The Committee is also concerned with segregation of fields of study in higher education and vocational training, which ultimately results in occupational sex segregation of the labour market. (para. 36)

The Committee recommends that data related to school retention, completion and achievement in literacy and numeracy be disaggregated and cross-tabulated on the basis of sex, ethnicity and geographical location to ensure that the needs of specific groups can be identified and appropriate

interventions applied to eliminate sex-based disparities. The Committee urges the State party to allocate resources to encourage females to pursue programmes of study and professional development in areas that are traditionally dominated by men. (para. 37)

Disadvantaged groups of women: The Committee notes with concern that, despite strengthened efforts to address the issue since the last report, socio-economic indicators consistently show that the Aboriginal and Torres Straits Islander communities continue to be among the most disadvantaged among Australians, with indigenous women being particularly disadvantaged. The Committee is concerned that indigenous women and girls face the highest levels of violence, especially at home where indigenous women are 35 times as likely to be hospitalized as a result of family violence-related assaults as non-indigenous females. The Committee also continues to be concerned that indigenous women have fewer opportunities and more restricted access to quality education, health care and legal aid services. (para. 40)

The Committee reiterates its previous recommendation that the State party adopt and implement targeted measures, including temporary special measures in accordance with article 4, paragraph 1, of the Convention and the Committee's general recommendation No. 25, to improve indigenous women's enjoyment of their human rights in all sectors, taking into account their linguistic and cultural interests. It urges the State party to implement specific strategies within the national plan to address violence against Aboriginal and Torres Straits Islander women, including funding culturally appropriate indigenous women's legal services in urban, rural and remote areas of Australia. It recommends that the State party pay particular attention to ensuring access to quality education, including post-graduate education, vocational training, adequate health and social services, legal literacy and access to justice. (para. 41)

The Committee is concerned that women with disabilities are almost entirely absent from key leadership and decision-making positions and continue to be disadvantaged with regard to educational and employment opportunities. It is concerned about the high levels of violence experienced by women, particularly those living in institutions or supported accommodation. The Committee also notes with concern that non-therapeutic sterilizations of women and girls with disabilities continue to be practiced in some states in Australia and notes that the Commonwealth Government considers this to be a matter for state governments to regulate. (para. 42)

The Committee urges the State party, in the light of its recent ratification of the Convention on the Rights of Persons with Disabilities, to undertake a comprehensive assessment of the situation of women with disabilities in Australia. The Committee recommends that the State party address, as a matter of priority, the abuse and violence experienced by women with disabilities living in institutions or supported accommodation. The Committee further recommends that the State party adopt urgent measures to ensure that women with disabilities are better represented in decision-making and leadership positions, including through the adoption of temporary special measures such as quotas and targets, in accordance with article 4, paragraph 1, of the Convention and the Committee's general recommendation No. 25. The Committee recommends that the State party enact national legislation prohibiting, except where there is a serious threat to life or health, the use of sterilization of girls, regardless of whether they have a disability, and of adult women with disabilities in the absence of their fully informed and free consent. (para. 43)

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UN Committee on the Elimination of Discrimination against Women: Follow-up

Follow-up requested for paras 29 and 41.

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UN Committee on the Elimination of Racial Discrimination

CERD/C/AUS/CO/15-17
Last reported: 10 and 11 August 2010
Report published: 13 September 2010

Education of children in indigenous languages: The Committee welcomes the new national approach to preserve indigenous languages but is concerned that no additional financial resources have been committed by the State party nor received by the Maintenance of Indigenous Languages and Records programme for this new approach. The Committee is also highly concerned by the recent abolition of bilingual education funding by the Northern Territory government in the light of the precarious condition of many indigenous languages, and the lack of adequate opportunities for children to receive instruction in or of their language (arts. 2 and 5).

The Committee encourages the State party to allocate adequate resources for the new national approach to preserve indigenous languages. It recommends that the State party, in consultation with indigenous communities, hold a national inquiry into the issue of bilingual education for indigenous peoples. The Committee also recommends that the State party adopt all necessary measures to preserve native languages and develop and carry out programmes to revitalise indigenous languages and bilingual and inter-cultural education for indigenous peoples, respecting cultural identity and history. In line with the United Nations Educational, Scientific and Cultural Organisation Convention against Discrimination in Education, to which Australia is a party, the Committee encourages the State party to consider providing national minorities with adequate opportunities for the use and teaching of their own language. (Paragraph 21)

Violence against international students: The Committee is concerned by information related to the personal security of international students and, in particular, the series of racially motivated assaults of Indian students, including one death, in the State of Victoria. It regrets the failure by the Government and police (both at the state and federal levels) to address the racial motivation of these acts, as well as the lack of available national data on the prevalence of migrants as victims of crime (arts. 2, 4 and 5).

The Committee recommends that the State party further intensify its efforts to combat racially motivated violence, including by requiring law enforcement authorities to collect data on the nationality and ethnicity of victims of such crimes and ensuring that judges, prosecutors and the police consistently apply existing legal provisions which consider the motive of ethnic, racial or religious hatred or enmity as an aggravating circumstance. It recommends that the State party provide updated statistical data on the number and nature of reported hate crimes, prosecutions, convictions and sentences imposed on perpetrators, disaggregated by age, gender and national or ethnic origin of victims. (Paragraph 23)

Immigration: The Committee is concerned that “excised offshore places”, such as the immigration detention facilities on Christmas Island, are removed from the operation of Australia’s migration legislation and that asylum-seekers arriving by boat or intercepted before reaching the mainland without a valid visa are subject to differential processing arrangements and denied the full protections of the application and review procedures available on the mainland. The Committee is also concerned by the continued suspension of the processing of refugee status assessment procedures for applicants from certain countries, notably for Afghan asylum-seekers, which lacks a legislative basis and is inconsistent with article 5 of the Convention. It regrets that the Australian High Court has found that it is lawful for a stateless person to be detained indefinitely. Finally, the Committee is concerned that children are still kept in detention-like conditions in various remote areas and at times, separate from their parents (arts. 1, 2 and 5).

Recalling its general recommendation No. 30 (2004) on discrimination against non-citizens, the Committee reiterates its view that States parties should ensure that immigration policies do not have the effect of discriminating against persons on the basis of race, colour, descent, or national or ethnic origin. It recommends that the State party:

(a) Review its mandatory detention regime for asylum-seekers with a view to finding an alternative to detention, ensuring that the detention of asylum-seekers is always a measure of last resort and is limited by statute to the shortest time reasonably necessary, and that all forms of arbitrary detention are avoided;

(b) Expedite the removal of the suspension on processing visa applications from asylum-seekers from Afghanistan and that it take the necessary measures to ensure standardised asylum assessment and review procedures and equal entitlement to public services by all asylum-seekers, regardless of country of origin or mode of entry;

(c) Develop appropriate reception arrangements, in particular for children;

(d) Ensure in its domestic law, in accordance with article 5 (b) of the Convention, that the principle of non-refoulement is respected when proceeding with the return of asylum-seekers to countries;

(e) Accompany any changes in the processing of asylum claims with adequate protection standards for those asylum-seekers whose protection is suspended;

(f) Continue its cooperation with the Office of the United Nations High Commissioner for Refugees in regard to the above. (Paragraph 24)

Human rights education: The Committee reiterates that education plays a crucial role in promoting human rights and combating racism and notes with interest the national curriculum initiative for schools. However, it is concerned that the historical position, importance and contributions to Australian society of indigenous peoples and those of other groups protected under the Convention may not be properly reflected in the proposed curriculum (arts. 5 and 7).

The Committee recommends that the State party take the necessary measures to ensure that the national curriculum conveys to Australian society an accurate message regarding the contribution of all groups protected under the Convention and reflects the principle of full participation and equality. In the light of article 7 of the Convention, it also recommends that the State party include human rights education in the national curriculum. The Committee also encourages the State party to ensure that an anti-racism strategy be established under the new Human Rights Framework, as per the recommendations of the Human Rights Consultation Report, and that an education programme for all Australians, with particular reference to combating discrimination, prejudice and racism, be adopted. (Paragraph 27)
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CERD/C/AUS/CO/15-17
Reported: 1 and 2 March 2010
Concluding Observations adopted: 14 April 2005

Detention of illegal migrants: The Committee expresses concern about the mandatory detention of illegal migrants, including asylum-seekers, in particular when such detention affects women, children, unaccompanied minors, and those who are considered stateless. It is concerned that many persons have been in such administrative detention for over three years (art. 5).

The Committee recommends that the State party review the mandatory, automatic and indeterminate character of the detention of illegal migrants. It wishes to receive statistical data, disaggregated by nationality and length of detention, relating to persons held under such detention, including in offshore detention centres. (para. 23)

Indigenous children: The Committee, while acknowledging the efforts undertaken by the State party to achieve reconciliation and having taken note of the 1999 Motion of Reconciliation, is concerned about reports that the State party has rejected most of the recommendations adopted by the Council for Aboriginal Reconciliation in 2000 (art. 6).

The Committee encourages the State party to increase its efforts with a view to ensuring that a meaningful reconciliation is achieved and accepted by the indigenous peoples and the population at large. It reiterates its recommendation that the State party consider the need to address appropriately the harm inflicted by the forced removal of indigenous children. (para. 25)

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UN Committee on the Elimination of Racial Discrimination: Early warning

The Committee has issued three letters under its early warning and urgent action procedure concerning the rights of aboriginal peoples (in May 2010, in September and March 2009). None makes any specific mention of children's rights. 31/05/2010

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UN Committee on the Elimination of Racial Discrimination: Follow-up

Follow-up information provided on paragraphs 10, 11, 16 and 17.

No specific mention of children's rights.

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UN Committee on Migrant Workers

No report available

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UN Committee on the Rights of Persons with Disabilities

CRPD/C/AUS/CO/1

Last reported: 3 and 4 September 2013                                                   Concluding Observations issued: 21 October 2013

Issues raised and recommendations given:

Children with disabilities: The Committee is concerned that the National Framework for Protecting Australia’s Children is focused on the protection of children against violence, abuse and neglect, and that there is no comprehensive national policy framework for children, including children with disabilities, that articulates how the rights of children should be implemented, monitored and promoted. The Committee recommends that the State party: Step up efforts to promote and protect the rights of children with disabilities, by incorporating the Convention into legislation, policies, programmes, service standards, operational procedures and compliance frameworks that apply to children and young people in general; Establish policies and programmes that will ensure the right of children with disabilities to express their views on all matters concerning them. (Paras. 18-19)

Judicial proceedings: The Committee is concerned that persons with disabilities who are deemed unfit to stand trial due to an intellectual or psychosocial disability can be detained indefinitely in prisons or psychiatric facilities without being convicted of a crime and for periods that can significantly exceed the maximum period of custodial sentence for the offence. The Committee is equally concerned that persons with disabilities are overrepresented in both the prison and juvenile justice systems, in particular women, children, Aboriginal and Torres Strait Islander persons with disability. The Committee recommends that the State party, as a matter of urgency: (a) End the unwarranted use of prisons for the management of unconvicted persons with disabilities, focusing on Aboriginal and Torres Strait Islander persons with disabilities, by establishing legislative, administrative and support frameworks that comply with the Convention; (b) Establish mandatory guidelines and practice to ensure that persons with disabilities in the criminal justice system are provided with appropriate support and accommodation; (c) Review its laws that allow for the deprivation of liberty on the basis of disability, including psychosocial or intellectual disabilities, and repeal provisions that authorize involuntary internment linked to an apparent or diagnosed disability. (Paras. 31-32)

Sexual exploitation: The Committee is concerned at reports of high rates of violence perpetrated against women and girls living in institutions and other segregated settings. The Committee recommends that the State party investigate without delay the situations of violence, exploitation and abuse experienced by women and girls with disabilities in institutional settings, and that it take appropriate measures on the findings. (Paras. 37-38)

Health: The Committee is deeply concerned that the Senate inquiry report into the involuntary or coerced sterilization of persons with disabilities, released in July 2013, puts forward recommendations that would allow this practice to continue. The Committee further regrets the State party’s failure to implement the recommendations made by the Committee on the Rights of the Child (CRC/C/15/Add.268; CRC/C/AUS/CO/4), the Working Group on the Universal Periodic Review (A/HRC/17/10) and the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment (A/HRC/22/53), which address concerns regarding sterilization of children and adults with disabilities. The Committee urges the State party to adopt uniform national legislation prohibiting the sterilization of boys and girls with disabilities, and adults with disabilities, in the absence of their prior, fully informed and free consent. (Paras. 39-40)

Education: The Committee is concerned that despite the Disability Standards for Education established to ensure access to education on an equal basis, students with disabilities continue to be placed in special schools and many of those who are in regular schools are largely confined to special classes or units. The Committee is further concerned that students with disabilities enrolled in regular schools receive a substandard education due to lack of reasonable accommodation. The Committee is also concerned that secondary school completion rates for students with disabilities are about half of those for people without disability. The Committee recommends that the State party: Step up its efforts to provide reasonable accommodation of necessary quality in education; Conduct research into the effectiveness of current education inclusion policies and the extent to which the Disability Standards in Education are being implemented in each state and territory; Set targets to increase participation and completion rates by students with disabilities in all levels of education and training. (Paras. 45-46)

Data collection: The Committee regrets the low level of disaggregated data collected on persons with disabilities and reported publicly. It further regrets that there is little data on the specific situation of women and girls with disability, in particular indigenous women and girls with disabilities. The Committee recommends that the State party develop nationally consistent measures for data collection and public reporting of disaggregated data across the full range of obligations provided for in the Convention, and that all data be disaggregated by age, gender, type of disability, place of residence and cultural background. The Committee further recommends that the State party commission and fund a comprehensive assessment of the situation of girls and women with disabilities, in order to establish a baseline of disaggregated data against which future progress towards the implementation of the Convention can be measured. The Committee regrets that the situation of children with disabilities is not reflected in data on the protection of children. It further regrets the paucity of information on children with disabilities, in particular indigenous children, alternative care for children with disabilities and children with disabilities living in remote or rural areas. The Committee recommends that the State party systematically collect, analyse and disseminate data, disaggregated by gender, age and disability, on the status of children, including any form of abuse and violence against children. It further recommends that the State party commission and fund a comprehensive assessment of the situation of children with disabilities in order to establish a baseline of disaggregated data against which future progress towards the implementation of the Convention can be measured. (Paras. 53-56)

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UN Committee on Enforced Disappearances

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Organisation: 
Child Rights International Network

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