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Summary: The violations highlighted are those issues raised with the State by more than one international mechanism. This is done with the intention of identifying children's rights which have been repeatedly violated, as well as gaps in the issues covered by NGOs in their alternative reports to the various human rights monitoring bodies. These violations are listed in no particular order.
Scroll to: ______________________________________________________________________ Detention of children in immigration detention facilities UN Committee on the Rights of the Child (Concluding Observations, June 2012) The Committee is concerned that the principle of the best interests of the child is not widely known, appropriately integrated and consistently applied in all legislative, administrative and judicial proceedings and in policies, programmes and projects relevant to and with an impact on children. In this context, the Committee is particularly concerned at the inadequate understanding and application of the principle of the best interests of the child in asylum-seeking, refugee and/or immigration detention situations. The Committee urges the State party to strengthen its efforts to ensure that the principle of the best interests of the child is widely known and appropriately integrated and consistently applied in all legislative, administrative and judicial proceedings and all policies, programmes and projects relevant to and with an impact on children. In this regard, the State party is encouraged to develop procedures and criteria to provide guidance for determining the best interests of the child in every area, and to disseminate them to public and private social welfare institutions, courts of law, administrative authorities and legislative bodies. The legal reasoning of all judicial and administrative judgements and decisions should also be based on this principle, specifying the criteria used in the individual assessment of the best interests of the child. In implementing this recommendation, the Committee stresses the need for the State party to pay particular attention to ensuring that its policies and procedures for children in asylum seeking, refugee and/or immigration detention give due primacy to the principle of the best interests of the child. (Paragraphs 31 and 32) The Committee notes the State party‟s efforts to move children and vulnerable families in immigration detention facilities to alternative forms of detention, including community-based detention arrangements and immigration transit accommodation. However, the Committee is deeply concerned about: (a) The State party‟s Migration Act stipulating the mandatory detention of children who are asylum-seeking, refugees or in an irregular migration situation, without time limits and judicial review; (b) The best interests of the child not being the primary consideration in asylum and refugee determinations and when considered, not consistently undertaken by professionals with adequate training on best interests determination; (c) The high risk of conflict of interest where the legal guardianship of unaccompanied minors is vested with the Minister of Immigration who is also responsible for immigration detention and determinations of refugee and visa applications; and (d) Notwithstanding the August 2011 decision of its High Court (Plaintiff M70/2011 v. Minister for Immigration and Citizenship), which held that the State party‟s attempted “refugee swap” with Malaysia was in violation of international law and its own domestic law to provide access for asylum seekers to effective procedures for assessing their need for protection; provide protection for asylum seekers pending determination of their refugee status; and provide protection for persons given refugee status pending their voluntary return to their country of origin or their resettlement in another country, the State party continues to pursue its policy of so-called “offshore processing” of asylum and refugee claims. The Committee urges the State party to bring its immigration and asylum laws into full conformity with the Convention and other relevant international standards. In doing so, the State party is urged to take into account the Committee‟s general comment No. 6 (2005) on the treatment of unaccompanied and separated children outside their country of origin. Furthermore, the Committee reiterates its previous recommendations (CRC/C/15/Add.268, para 64). In addition to that, the Committee urges the State party to: (a) Reconsider its policy of detaining children who are asylum-seeking, refugees and/or irregular migrants; and, ensure that if immigration detention is imposed, it is subject to time limits and judicial review; (b) Ensure that its migration and asylum legislation and procedures have the best interests of the child as the primary consideration in all immigration and asylum processes; and ensure that determinations of the best interests are consistently conducted by professionals who have been adequately trained in best interests determination procedures; (c) Expeditiously establish an independent guardianship/support institution for unaccompanied immigrant children; and (d) Adhere to its High Court ruling in Plaintiff M70/2011 v. Minister for Immigration and Citizenship, and, inter alia, ensure adequate legal protections for asylum seekers and conclusively abandon its attempted policy of so-called “offshore processing” of asylum claimsand “refugee swaps”; and evaluate reports of hardship suffered by children returned to Afghanistan without a best interests determination. Furthermore, the Committee recommends that the State party consider implementing the United Nations High Commission for Refugees Guidelines on International Protection No.8: Child Asylum Claims under Articles 1(A)2 and 1(F) of the 1951 Convention and ratifying the 1967 Protocol relating to the Status of Refugees. (Paragraphs 79 and 80) UN Human Rights Committee 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. (paragraph 24) UN Committee against Torture 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. 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. (Paragraph 25) UN Committee against Torture: Follow-up 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.
(paragraphs 36-43) UN Committee on the Elimination of Racial Discrimination 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) Reported: 1 and 2 March 2005 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. (paragraph 23) UN Special Rapporteur on Health 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) 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) UN Working Group on Arbitrary 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) UN Special Rapporteur on contemporary forms of racism 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) Universal Periodic Review (January 2011) P - 86.38. Consider implementing the recommendations of UNHCR, human rights treaty bodies and special procedures with respect to asylum-seekers and irregular immigrants especially children (Jordan) (accepted) P - 86.128. Address the issue of children in immigration detention in a comprehensive manner (Philippines) (accepted) P - 86.129. Ensure that no children are held in detention on the basis of their migratory status and that special protection and assistance is provided to unaccompanied children (Brazil) (accepted) ______________________________________________________________________ Violence against children, particularly girls UN Committee on the Rights of the Child (Concluding Observations, June 2012) The Committee is gravely concerned at the high levels of violence against women and children prevailing in the country and notes that there is an inherent risk that the co- existence of domestic violence, lawful corporal punishment, bullying, and other forms of violence in the society are inter-linked, conducing to an escalation and exacerbation of the situation. The Committee is particularly concerned that: (a) Women and children of Aboriginal origin are particularly affected; (b) Sterilisation of women and girls with disabilities continues; (c) Programmes for the reintegration of child victims of domestic violence remain inadequate including because of the absence of monitoring systems of children victims who are reintegrated with their families; (d) There is a lack of attention and specific procedures in cases where family members are the perpetrators of violence and/or women are perpetrators rather than victims; and (e) There are no regular and systematic evaluations of the existing measures addressing violence against children in the school, Internet and other contexts. Emphasising the State party‟s obligations under articles 19 and 37(a) of the Convention and the Committee‟s General Comment 13 (2011) on the right of the child to freedom from all forms of violence, the Committee urges the State party to develop federal legislation as a general framework to reduce violence and promote the enactment of similar and complementary legislation at state and territory level. It also recommends that the State party adopt a specific plan of action to make operational the provisions under the National Plan to Reduce Violence against Women and Their Children (2010-2022), including such measures as: (a) Ensuring that the factors contributing to the high levels of violence among Aboriginal women and children are well understood and addressed in national and state/territory plans; (b) Developing and enforcing strict guidelines to prevent the sterilisation of women and girls who are affected by disabilities and are unable to consent; (c) Establishing mechanisms for ensuring effective follow-up support for child victims of domestic violence upon their family reintegration; (d) Developing alternatives for cases where a parent or other family member is the perpetrator; and (e) Monitoring implementation of anti-violence measures (including corporal punishment and bullying in schools, through Internet, and in other settings) within specific plans and and as part of the 3-year action plan of the National Framework for Protecting Australia‟s Children. With reference to the United Nations study on violence against children (A/61/299) and the Committee‟s general comment no. 13 (2011) on the right of the child to freedom from all forms of violence, the Committee further encourages the State party: (a) To prioritise the elimination of all forms of violence against children, including by ensuring the implementation of the recommendations of the United Nations study on violence against children, paying particular attention to gender; (b) To provide information concerning the implementation by the State party of the recommendations of the study in its next periodic report, particularly those highlighted by the Special Representative of the Secretary-General on Violence against children, in particular: (i) The development in each State of a national comprehensive strategy to prevent and address all forms of violence against children; (ii) The introduction of an explicit national legal ban on all forms of violence against children in all settings; and (iii) The consolidation of a national system of data collection, analysis and dissemination, and a research agenda on violence against children. UN Committee on Economic, Social and Cultural Rights 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. (paragraph 22) UN Committee on the Elimination of Discrimination 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. (Paragraph 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 criminalising 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. (Paragraph 29) 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 hospitalised 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. (Paragraph 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. (Paragraph 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 sterilisations 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 sterilisation 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. (Paragraph 43) UN Committee on the Elimination of Racial Discrimination 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) UN Special Rapporteur on health 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. (Paragraph 34) Universal Periodic Review (January 2011) P - 86.47. Take firm measures to end discrimination and violence against women, children and people from vulnerable groups so as to enhance a better respect for their dignity and human rights (Viet Nam) (accepted) P - 86.72. Strengthen efforts to combat family violence against women and children with a particular focus on indigenous communities (United States) (accepted) P - 86.73. Adopt special legislation to prevent and combat violence against women and girls and to prosecute and punish the perpetrators (Islamic Republic of Iran) (accepted) P - 86.76. Speed up the process for the adoption of the National Plan to Reduce Violence against Women and their Children (Azerbaijan) (accepted) P - 86.77. Take steps, in partnership with State, Territory and Local governments, to further advance and accelerate implementation of the National Action Plan to Reduce Violence against Women and Their Children, so as to effectively address prevalence of violence against these vulnerable groups (Canada) (accepted) P - 86.78. Implement a national action plan to reduce violence against women and children (Switzerland) (accepted) P - 86.79. Implement immediately the National Plan to Reduce Violence against Women and their Children (Norway) (accepted) P - 86.80. Implement the National Action Plan to reduce violence against women and their children, including through an independent supervision mechanism that involves civil society organisations and take into account the specific situation of indigenous women and migrants (Mexico) (accepted) ______________________________________________________________________ Homelessness of children, particularly among children from indigenous backgrounds UN Committee on the Rights of the Child (Concluding Observations, June 2012) While welcoming additional funding of housing reforms for Aboriginal Australians, as well as the Closing the Gap strategy aiming at the improvement of socio-economic conditions of Aboriginal Australians, the Committee is deeply concerned at the extent of child and youth homelessness in the State party, with State-provided social accommodation facing severe capacity constraints. Furthermore, the Committee is concerned that the State party has been unable to provide culturally appropriate housing services to reflect the specific needs of different groups. The Committee recommends that the State party expeditiously undertake a review of its efforts to address the issue of homelessness of children and young people, with a view to using the findings of the review to guide the improvement and further development of a framework for addressing this issue with due regard for the specific experiences and needs of children and young people. In doing so, it is further recommended that the State party develop specific strategies for Aboriginal children, children from newly arrived communities, children leaving care, and children in regional and remote communities. The Committee further recommends that the State party improve its social services, including education, income support, health system, disability service system and employment systems and the coordination amongst these, to strengthen their responsiveness to the needs of children and youth who are at risk of homelessness. (Paragraph 69 and 70) UN Special Rapporteur on adequate housing 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) 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. ______________________________________________________________________ Inappropriate and inadequate juvenile justice system UN Committee on the Rights of the Child (Concluding Observations, June 2012) The Committee regrets that despite its earlier recommendations, the juvenile justice system of the State party still requires substantial reforms for it to conform to international standards, in particular the Committee is concerned that: (a) No action has been undertaken by the State party to increase the minimum age of criminal responsibility (CRC/C/15/Add.268, para. 74(a)); (b) No measures have been taken to ensure that children with mental illnesses and/or intellectual deficiencies who are in conflict with the law are dealt with using appropriate alternative measures without resorting to judicial proceedings (CRC/C/15/Add.268, para. 74(d)); (c) Mandatory sentencing legislation (so-called “three strikes laws”) still exists in the Criminal Code of Western Australia for persons under 18 (CRC/C/15/Add.268, para. 74(f)); (d) All 17-year-old child offenders continue to be tried under the Criminal Justice system in the State party‟s territory of Queensland (CRC/C/15/Add.268, para. 74(g)); Furthermore, the Committee is concerned that: (e) Although the majority of 17 year olds are held separately from the wider prison population, they are still cases of children being held within adult correctional centres; and (f) There have been instances of abuse of child detainees reported in the State party‟s Quamby Youth Detention Centre and Bimberi Youth Detention Centre. The Committee recommends that the State party bring the juvenile justice system fully in line with the Convention, in particular articles 37, 39 and 40, and with other relevant standards, including the Standard Minimum Rules for the Administration of Juvenile Justice (the Beijing Rules), the Guidelines for the Prevention of Juvenile Delinquency (the Riyadh Guidelines), the Rules for the Protection of Juveniles Deprived of their Liberty (the Havana Rules), the Vienna Guidelines for Action on Children in the Criminal Justice System; and the Committee‟s General Comment No. 10 (2007) on the rights of the child in juvenile justice (CRC/C/GC/10). Furthermore, the Committee reiterates its previous recommendations to: (a) Consider raising the minimum age of criminal responsibility to an internationally acceptable level (CRC/C/15/Add.268, para. 74(a)); (b) Deal with children with mental illnesses and/or intellectual deficiencies who are in conflict with the law without resorting to judicial proceedings (CRC/C/15/Add.268, para. 74(d)); (c) Take measures with a view to abrogating mandatory sentencing in the criminal law system of Western Australia (CRC/C/15/Add.268, para. 74(f)); and, consider refraining from the enactment of a similar law in its state of Victoria; (d) Remove children who are 17 years old from the adult justice system in Queensland (CRC/C/15/Add.268, para. 74(g)); (e) Allocate the necessary human, technical and financial resources for ensuring that all child offenders are held in separate correctional centres; and (f) Expeditiously establish an accessible and effective mechanism for investigating and addressing cases of abuse at its youth detention centres. (Paragraphs 81 and 82) UN Human Rights Committee 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. (Paragraph 24) UN Committee against Torture 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. (paragraph 25) ______________________________________________________________________ Inadequate access to services for children in vulnerable situations, including asylum-seekers, newly arrived immigrants and indigenous peoples UN Committee on the Rights of the Child (Concluding Observations, June 2012) While welcoming additional funding of housing reforms for Aboriginal Australians, as well as the Closing the Gap strategy aiming at the improvement of socio-economic conditions of Aboriginal Australians, the Committee is deeply concerned at the extent of child and youth homelessness in the State party, with State-provided social accommodation facing severe capacity constraints. Furthermore, the Committee is concerned that the State party has been unable to provide culturally appropriate housing services to reflect the specific needs of different groups. The Committee recommends that the State party expeditiously undertake a review of its efforts to address the issue of homelessness of children and young people, with a view to using the findings of the review to guide the improvement and further development of a framework for addressing this issue with due regard for the specific experiences and needs of children and young people. In doing so, it is further recommended that the State party develop specific strategies for Aboriginal children, children from newly arrived communities, children leaving care, and children in regional and remote communities. The Committee further recommends that the State party improve its social services, including education, income support, health system, disability service system and employment systems and the coordination amongst these, to strengthen their responsiveness to the needs of children and youth who are at risk of homelessness. (Paragraphs 69 and 70) UN Committee on Economic, Social and Cultural Rights 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 marginalised 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. (Paragraph 20) Universal Periodic Review (January 2011) P - 86.119. Take immediate legal measures to remove restrictions against access of indigenous women and children to appropriate health and education services and employment opportunities (Islamic Republic of Iran) (accepted) ______________________________________________________________________ Inadequate education provision for children from indigenous backgrounds UN Committee on the Rights of the Child (Concluding Observations, June 2012) The Committee welcomes the State party‟s National Indigenous Education Action Plan 2012 – 2014 and the National Partnership Agreement on Indigenous Early Childhood Development. However, the Committee reiterates its previous concerns (CRC/C/15/Add.268, para. 59) on there being serious difficulties accessing education faced by indigenous children and children living in remote areas, with attendance, literacy, numeracy and other attainment levels for Aboriginal students continuing to be significantly lower than for non-Aboriginal students. The Committee is further concerned that this is exacerbated by the education system not having adequate measures for catering to the needs of non-English-speaking children resulting in them being more vulnerable to non- enrolment, poor attendance, repetition and are less likely to complete secondary level education. The Committee recommends that within the “Closing the Gap” policy framework, the State party provide effective coordination and oversight of its state and territory governments to ensure that individual Aboriginal education strategies are based on previous policy success and undertaken with a long-term approach of collaboration with Aboriginal communities, the education sector, community organisations and professional groups such as social workers, researchers, health workers and police. If further recommends that the State party ensure adequate human, technical and financial resources for the protection and promotion of bilingual models of education, both at national and state level. (Paragraphs 73 and 74) UN Committee on the Elimination of Racial Discrimination 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) UN Special Rapporteur on health 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). Universal Periodic Review (January 2011) P - 86.119. Take immediate legal measures to remove restrictions against access of indigenous women and children to appropriate health and education services and employment opportunities (Islamic Republic of Iran) (accepted) ______________________________________________________________________ Inadequate health care provision for children from indigenous backgrounds UN Committee on the Rights of the Child (Concluding observations, June 2012) The Committee appreciates generally satisfactory level of children‟s health in the State party. However, it is concerned about health disparities of children living in rural and remote areas, children in out-of-home care as well as children with disabilities and particularly about the gap in health status between Aboriginal and non-Aboriginal children. The Committee reiterates its previous recommendation (CRC/C/15/Add.268, para. 48) to the State party to undertake all necessary measures to ensure that all children enjoy the same access to and quality of health services with special attention to children in vulnerable situations, especially indigenous children and children living in remote areas. It further urges the State party to address socio-economic disadvantages, which constitute important root causes for the existing health deficits. (Paragraphs 58 and 59) UN Committee on Economic, Social and Cultural Rights 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, paragraphs 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. (Paragraph 28) UN Special Rapporteur on health 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) 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) UN Special Rapporteur on indigenous peoples 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) Universal Periodic Review (January 2011) P - 86.119. Take immediate legal measures to remove restrictions against access of indigenous women and children to appropriate health and education services and employment opportunities (Islamic Republic of Iran) (accepted) ______________________________________________________________________ Legacy of forced removal of indigenous children UN Human Rights Committee 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. (Paragraphs 15) UN Committee on the Elimination of Racial Discrimination 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. (Paragraph 25) UN Special Rapporteur on contemporary forms of racism 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) ______________________________________________________________________ UN Committee on the Rights of the Child (Concluding Observations, June 2012) The Committee regrets that notwithstanding its previous recommendation (CRC/C/15/Add.268, para. 36), corporal punishment, in the home and some schools and alternative care settings, remains lawful throughout the State party under the label of so- called “reasonable chastisement”. The Committee reiterates its previous recommendation (CRC/C/15/Add.268, para. 36) to the State party to: (a) Take all appropriate measures to explicitly prohibit corporal punishment in homes, in public and private schools, detention centres and alternative care settings in all states and territories; (b) Strengthen and expand awareness-raising and education campaigns, in order to promote positive and alternative forms of discipline and respect for children‟s rights, with the involvement of children, while raising awareness about the adverse consequences of corporal punishment; Additionally, the Committee recommends that the State party: (c) Ensure that “reasonable chastisement” is not used as defence to a charge of assault of a child; and (d) Ensure the training of all professionals working with or for children, including law enforcement, medical, education professionals, to promptly identify, address and report all cases of violence against children; and, (e) Consider undertaking an independent study on the probable linkages between domestic violence and corporal punishment. (Paragraphs 43 and 44) Universal Periodic Review (January 2011) P - 85.75. Introduce a full prohibition of corporal punishment within the family in all states and territories (Russian Federation) (accepted) ______________________________________________________________________
Last reported: 23 and 24 March 2009
Concluding Observations adopted: 2 April 2009
Last reported: 29 and 30 May 2008
Received 29 May 2009
Last reported: 10 and 11 August 2010
Report published: 13 September 2010
Report published: 14 April 2005
Country visit: 23 November to 4 December 2009
Report published: 3 June 2010
Country visit: 24 May to 6 June 2002
Report published: 24 October 2002
Country visit: 22 April to … May 2001
Report published: 26 February 2002
Last reported: 5 and 6 May 2009
Concluding Observations adopted: 20 May 2009
Last reported: 20 July 2010
Last reported: 10 and 11 August 2010
Report published: 13 September 2010
Country visit: 23 November to 4 December 2009
Report published:3 June 2010
Country visit: 31 July to 15 August 2006
Report published: 11 May 2007
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)
Last reported: 23 and 24 March 2009
Concluding Observations adopted: 2 April 2009
Last reported: 29 and 30 May 2008
Last reported: 5 and 6 May 2009
Concluding Observations adopted: 20 May 2009
Last reported: 10 and 11 August 2010
Report published: 13 September 2010
Country visit: 23 November to 4 December 2009
Report published: 3 June 2010
Last reported: 5 and 6 May 2009
Concluding Observations adopted: 20 May 2009
Country visit: 23 November to 4 December 2009
Report published: 3 June 2010
Country visit: 17 to 28 August 2009
Report published: 28 October 2009
Last reported: 23 and 24 March 2009
Concluding Observations adopted: 2 April 2009
Reported: 1 and 2 March 2010
Concluding Observations adopted: 14 April 2005
Country visit: 22 April to 10 May 2001
Report published: February 2002