Australian Human Rights Commission
Submission to the UN Human Rights Committee, 18 September 2017
Self-harm (ICCPR articles 7, 9 & 24; LOI 20)
105.
In 2014, the National Children’s Commissioner conducted an investigation into
intentional self-harm by children, reporting that intentional self-harm is the
leading cause of death among children and young people aged 15 to 24 years
in Australia.122 The Commission notes the findings and recommendations
made by the National Children’s Commissioner in Chapter 3 of the Children’s
Rights Report 2014.123
Recommendation 42: That the Australian Government implement the
National Children’s Commissioner’s recommendations in the Children’s
Rights Report 2014 (Chapter 3).
Juvenile justice (ICCPR articles 7, 9 & 24; LOI 20)
(a)
Detention
106.
The Commission is concerned by the treatment of children in, and the
conditions of, juvenile justice detention across Australia, including the
disproportionate use of force, isolation and restraints against children in
juvenile detention facilities, and the lack of monitoring, reporting and
accountability in relation to these practices.
107.
The Commission continues to express concern about the number of children
being detained on remand in juvenile justice centres. The Commission is also
concerned that child offenders are sometimes held in the same correctional
centres as adults.124
108.
In 2016, the National Children’s Commissioner examined the oversight of
youth justice in Australia, and the readiness of youth justice processes for the
implementation of OPCAT. The Commission draws the Committee’s attention
to the findings and recommendations made by the National Children’s
Commissioner in Chapter 3 of the Children’s Rights Report 2016.125
109.
Noting that the Northern Territory has the highest rate of children and young
people in detention in Australia,126 the Commission welcomes the
establishment of the Royal Commission into the Protection and Detention of
Children in the Northern Territory.127 The Commission notes that the Royal
Commission will deliver its final report on 17 November 2017.
110.
The Commission notes that several jurisdictions have commenced reviews
into their juvenile justice systems, and some jurisdictions have progressed the
use of non-custodial measures and strengthened diversionary programs.128
Recommendation 43: That the Australian Government implement the
National Children’s Commissioner’s recommendations in the Children’s
Rights Report 2016 (Chapter 3).
Recommendation 44: That all Australian Governments develop
alternative behaviour management techniques to reduce the use of
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