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.
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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.
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