Australian Human Rights Commission Submission to the UN Committee on Economic, Social and Cultural Rights, 8 May 2017 8.2 Employment (ICESCR Articles 2, 6 & 7; LOI 13) 56. See para 33 above regarding the Commission’s Willing to Work national inquiry. 57. Recommendation: That the Australian Government formally respond to the Willing to Work Inquiry recommendations concerning older Australians, including by developing national strategies to address age discrimination and stereotyping that impacts on employment status. 9 Rights of the child (ICESCR Articles 2, 12) 58. This submission has referred to the Commission’s concerns regarding the ESC rights of children in the following sections: Aboriginal and Torres Strait Islander peoples, violence against women and children, SOGII issues and Refugees and Asylum Seekers. Also see para 42 above regarding the Commission’s concerns that the $5.1 million funding, dedicated to the implementation of the Third Action Plan of the National Framework for Protecting Australia’s Children 2009-2020, is inadequate to achieve the objectives of the Plan. 59. The Commission welcomed the amendments to the Family Law Act (1975) (Cth) in 2012, which strengthen protection of the rights of the child, especially in violent situations, 34 and efforts by government and across the community to address cyber-bullying and online safety of children. 35 60. The Commission is concerned that the rate of children in out-of-home care has increased, with Indigenous children over-represented. At 30 June 2016, 46,448 children were in out-of-home care nationally,36 of which 16,846 were Aboriginal and Torres Strait Islander children.37 Rates have increased from 6.8 to 8.6 per 1,000 between 2009 and 2016.38 61. Recommendation: That the Australian Government strengthen early intervention programs that support vulnerable families and improve data collection relating to child protection and out-of-home care. 10 Refugees and Asylum Seekers 10.1 Mandatory immigration detention, including of children (ICESCR articles 2(2), 11 & 12, LOI 9) 62. Under the Migration Act 1958 (Cth) (the Migration Act), indefinite immigration detention remains mandatory for all unlawful non-citizens.39 Numerous studies have documented high rates of mental health problems amongst people in immigration detention in Australia,40 with the negative impacts of detention tending to worsen as detention becomes more prolonged.41 63. Positive developments relating to immigration since 2009 include: the release of almost all children from closed facilities into alternative community arrangements,42 the closure of several detention facilities43 and the release of a 11