Australian Human Rights Commission Submission to the UN Human Rights Committee, 18 September 2017 force, isolation and restraints against children in juvenile detention facilities. Recommendation 45: That all Australian Governments cease detention of children in adult facilities. Recommendation 46: That all Australian Governments expand the use of diversionary programs for children and young people. (b) 111. Mandatory sentencing In the Children’s Rights Report 2016, it was reported that Western Australia’s mandatory minimum sentencing laws arguably contribute to the comparatively high rates of detention and the overrepresentation of young Aboriginal people in Banksia Hill Detention Centre.129 Recommendation 47: That mandatory sentencing for children and young people should be discontinued in all jurisdictions. (c) 112. Minimum age of criminal responsibility The Commission continues to express concern about the lack of action on raising the minimum age of criminal responsibility to an internationallyaccepted level.130 Recommendation 48: That the age of criminal responsibility should be raised from 10 years to 12 years in the first instance, with preservation of the common law presumption of doli incapax. 12 Rights and freedoms Freedom of religion (ICCPR articles 18 & 27; LOI 21) 113. The Commission notes that people in Australia generally can manifest their religion or belief without significant obstacles or impediments. However, discrimination on the basis of religion may occur through public harassment, prejudice, violence, and myriad forms of unequal treatment. 114. Fear of discrimination and prejudice may restrict people from practising their religion, disclosing to others their religious belief or affiliation, or presenting themselves as visibly religious (such as through their clothing). Some Muslim Australians, for instance, have altered their participation in public life and cancelled public events due to fears of being attacked or abused for their religion.131 115. Attacks on places of worship and on people who are visibly religious are regularly reported in the news media. Attacks on and threats towards mosques and Islamic prayer rooms,132 synagogues,133 and churches134 occur, as do instances of public abuse and physical attack on people perceived to belong to a particular religion, such as Muslims,135 Jews136 and Sikhs.137 25

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