Systemic changes to protect young people
in the ACT
Understanding how to use human rights
in the family violence context
The ACT Human Rights Act influenced the
legislative process in the development of
the Children and Young People Act 2008
(ACT). This was a comprehensive updating
and codifying statute that is the primary law
in the ACT providing for the protection, care
and wellbeing of children and young people.
A female family violence worker at Women’s
Health West has stated that the Victorian
Charter had a prominent impact in not only
the way in which human rights issues are
framed and tackled but also the practical
realisation of these rights across various
sectors.
The government released an exposure draft
of the legislation and the Human Rights
Commissioner and the Children and Young
People’s Commissioner made submissions.
Human rights issues were raised by practices
such as therapeutic protection orders, prenatal reporting of children at risk, stripsearching of detained children, and behaviour
management schemes proposed for a youth
detention centre. These human rights issues
were considered extensively by policy
officers involved in the preparation of the
legislation, with assistance from the Human
Rights Unit. This is reflected in the lengthy
Explanatory Statement presented with the
Bill, which refers not only to the provisions
of the ACT Human Rights Act, but also to
an array of relevant international standards,
including the Convention on the Rights of
the Child and United Nations principles
relating to juvenile justice. It also draws on
the audit reports of the ACT Human Rights
Commissioner.
We frequently refer to the Charter to
educate clients about their rights and
responsibilities, such as the right to
live free from violence and the right to
be safe. Often women are surprised to
hear this and respond that this is the
first time they’ve had their experiences
framed in this way. At times, workers
will refer back to legislative changes
that reflect these rights, such as police
power to temporarily remove suspected
perpetrators of family violence from
the house, issue safety notices and
apply for intervention orders on behalf
of the affected family member and
the requirement to make relevant
referrals to regional family violence
services, men’s referral services and the
Department of Human Services. So the
rights are backed up by actions that
actually make a difference.
Extracted from Human Rights Law Centre, 101
Charter Cases, 2022.93
Extracted from the ANU five year review of the
ACT Human Rights Act.92
(b) Prevention through cultural change
A Human Rights Act would help embed a fair,
respectful and inclusive culture of human rights
across the whole of government. Through the
dialogue Human Rights Act model, all arms of
government have a role to play – the Human
Rights Act would not be siloed within any one
area. Human rights touches all aspects of public
life so this is appropriate.
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Over time, the obligations within the Human
Rights Act and the associated training should
result in a transformative cultural shift within
government. Rights protection would become
a core part of government business, not just an
afterthought. It would be a continuous process
of improvement, rather than a box ticking
exercise. Embedding human rights thinking
would mean that meaningful and comprehensive