Australian Human Rights Commission
Submission to the UN Human Rights Committee, 18 September 2017
Violence against children and young people (ICCPR articles
7, 9 & 24)
100.
Children are witnesses, bystanders and direct victims of violence in the home.
Experiences of family and domestic violence have long-term, detrimental
effects on children.113 Children living with family and domestic violence are at
an increased risk of experiencing emotional, physical and sexual abuse.114
There are also clear links between child suicide and self-harm and domestic
violence.115
101.
The impact of family and domestic violence on some groups of children is
further compounded by experiences of discrimination and marginalisation,
particularly Aboriginal and Torres Strait Islander children, children with
disability, children from culturally and linguistically diverse backgrounds and
children who are lesbian, gay, bisexual, transgender or intersex.116
102.
In 2015, the National Children’s Commissioner investigated the impact of
family and domestic violence on children across Australia. Data sourced for
the investigation indicated that one in every 12 people first experienced
physical abuse as a child before the age of 15 years perpetrated by a family
member, and one in every 28 people first experienced sexual abuse as a child
before the age of 15 years perpetrated by family member.117 The Commission
notes the findings and recommendations made by the National Children’s
Commissioner in Chapter 4 of the Children’s Rights Report 2015.118
103.
The Commission welcomed the establishment of the Royal Commission into
Institutional Responses to Child Sexual Abuse in 2012 to investigate the
sexual abuse of children within private, public and non-government
institutions. The Commission stresses the need for an enhanced evidence
base through improved data collection on institutional abuse.119 The
Commission notes that the Royal Commission is due to deliver its final report
by 15 December 2017.
104.
The Commission welcomes the amendments to the Family Law Act 1975 (Cth)
in 2012, which strengthen protection of the rights of the child, especially in
violent situations,120 and efforts by government and across the community to
address cyber-bullying and online safety of children.121
Recommendation 40: That the Australian Government implement the
National Children’s Commissioner’s recommendations in the Children’s
Rights Report 2015 (Chapter 4).
Recommendation 41: That the Australian Government maintain a public
register that monitors all Australian governments’ compliance with, and
implementation of, the recommendations of the Royal Commission into
Institutional Abuse of Children once released, and that remedies be
provided to victims. The Commission considers this inquiry to be of
such importance that the Committee should request an update from the
Australian Government on progress of implementation in 12 months
time.
23