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.
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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
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