Australian Human Rights Commission Submission to the UN Human Rights Committee, 18 September 2017 Recommendation 37: That the Australian Government put in place transparent decision-making and external review processes to ensure the exercise of discretionary power in s 501 of the Migration Act complies with international human rights law. Strengthening citizenship requirements (ICCPR articles 2, 12 & 13) 96. The Commission is concerned about the Australian Citizenship Legislation Amendment (Strengthening the Requirements for Australian Citizenship and Other Measures) Bill 2017 (Cth), which, if passed, will make it more difficult to obtain Australian citizenship by imposing additional requirements on people seeking to obtain Australian citizenship by conferral;107 centralising discretionary power in the hands of the Minister to make decisions about who should and who should not be an Australian citizen, with very limited rights of external review; and reducing the ability of particular groups of people to qualify for citizenship.108 The bill is currently before the Australian Senate having passed the Australian House of Representatives. Recommendation 38: That the Australian Parliament not pass the Australian Citizenship Legislation Amendment (Strengthening the Requirements for Australian Citizenship and Other Measures) Bill 2017 in its current form. 11 Children and young people Child protection (ICCPR article 24; LOI 20) 97. The Commission is concerned that the rate of children in out-of-home care has increased,109 with Aboriginal and Torres Strait Islander children110 and children with disability111 overrepresented. 98. The Commission commends the allocation of $5.1 million for the implementation of the Third Action Plan of the National Framework for Protecting Australia’s Children 2009–2020 (National Framework), which will help support early intervention and child safe approaches.112 However, the Commission is concerned that this funding is inadequate to achieve its objectives. 99. The Commission submits that work should be undertaken under the National Framework to develop specific principles and practice standards regarding children with disability in the care and protection system. Recommendation 39: That the Australian Government strengthen early intervention programs that support vulnerable families and improve data collection relating to child protection, out-of-home care, and the prevalence and nature of child abuse and neglect. 22

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