indefinite detention of unconvicted people with disability, including children with disability. 44 A small proportion of children under youth justice supervision end up in youth detention. Younger children, including those as young as ten years, are sometimes detained in youth justice facilities. While most states and territories do not place children in adult detention facilities, each jurisdiction has legislation that allows children to be detained in adult facilities in certain circumstances.45 Article 37(c) of the CRC requires authorities to separate children from adults in detention. The Australian Government still has a reservation to this article. Despite legislation in most states and territories that prohibits the use of isolation and limits the use of force to certain circumstances, allegations of mistreatment of children in youth detention have arisen in several jurisdictions over recent years.46 The availability of appropriate diversionary programs is essential to reducing the numbers of children in youth detention. While diversion from the criminal justice system is a key principle of all youth justice systems in Australia, it appears to be underutilised for a variety of reasons. Onerous bail laws play a role in the disproportionately high, and increasing, numbers of children on remand in youth detention. Although most states and territories do not have mandatory minimum sentences for juveniles, in the Northern Territory and Western Australia these still exist.47 The minimum age of criminal responsibility in Australia is ten years, which is low compared with many other countries.48 The Committee on the Rights of the Child has recently recommended all countries increase the minimum age of criminal responsibility to at least 14 years.49 Although protecting the Australian community from terrorism is an important priority for the Australian Government, national security measures should not undermine the rights of children convicted of terrorism offences to special consideration as children under the law. A number of national security measures limit children’s rights disproportionately. 22

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