Australian Children’s Rights Task Force: Australian Child Rights Progress Report
Address by the Honourable Alastair Nicholson AO RFD QC
Chair Children’s Rights International
Australian Human Rights Commission, Sydney, NSW, 10 June 2016
Acknowledgments: Gadigal people of the Eora Nation; Megan Mitchell, National Children’s Commissioner; Tara Broughan, UNICEF Australia and Ahram Choi, NCYLC, Co-Chairs of the Australian Children’s Rights Task Force
This report by the Australian Child Rights taskforce convened by UNICEF Australia and the NYCYLC on the progress of the UN Convention on the Rights of the Child (CRC) in the 25 years since Australia ratified the Convention, while indicating a number of areas of progress in this area, also highlights serious deficiencies in our national performance.
It is thus an important document, providing a much needed measure of where we stand written from an independent point of view. I commented in my opening remarks published in the report that it makes uncomfortable reading for Australians, as did the 2012 report by the UN Committee on the Rights of the Child about Australia’s performance.
That report expressed concern at:
‘The absence of a comprehensive National Plan of Action…a comprehensive strategy, in consultation with children and civil society, for the overall realisation of principles and provisions of the Convention …. which can provide a framework for states and territories to adopt similar plans and strategies’.
As this report points out, in line with the UN recommendation, while there has been progress in a number of areas there is a lack of proper planning, particularly to address the problems of children most in need.
It points to the fact that certain groups of children and young people consistently face barriers to enjoying their rights and reaching their full potential including Aboriginal and Torres Strait Islander children, children who are seeking asylum or have refugee status, children from culturally and linguistically diverse backgrounds, children with disability, LGBTI children, homeless children and children from rural areas.
At present there is no Federal Minister with direct responsibility for children or youth. It thus does not engage in even a veiled pretence to include the voices of children and youth in decisions that affect them, which has become particularly clear in the defunding of dedicated children and youth organisations and peak bodies. It is true that we now have a distinguished Commissioner for Children but the issues facing Australian children are vast and cannot hope to be dealt with by one person with a limited staff.
I therefore commend the report’s conclusion that what is needed the to assign a Commonwealth Ministry with lead responsibility for policy regarding children and young people and the development of a National Plan for all children in Australia for the overall realisation and implementation of CRC. I also consider that such a Ministry should be led by a Minister with no other responsibility, so that he/she could devote their entire attention to children’s issues.
Read more: Australian Children’s Rights Task Force: Australian Child Rights Progress Report
DISCUSSION ON THE RIGHTS OF CHILDREN IN AUSTRALIA and Launch of the CRC25 - the Australian Child Rights Progress Report
The Australian Human Rights Commission and the Australian Child Rights Taskforce invite you to a special discussion on the rights of children in Australia, as well as to launch CRC25 - the Australian Child Rights Progress Report.
Event details: Friday, 10th June 2016. 12:30pm - 1:30pm. At the Australian Human Rights Commission, L3, 175 Pitt St, Sydney.
- Hosted by the National Children’s Commissioner, Ms Megan Mitchell.
- Key note address provided by The Honourable Alastair Nicholson.
- Thematic address – Professor Deborah Brennan, Social Policy Research Centre.
How has the situation improved for children since Australia ratified the Convention on Rights of Child was ratified in Australia in 1990? Where has there been a lack of progress?
Please register: https://crc25.eventbrite.com.au
Essential Elements for a Treaty
Constitutional change is key to a strong treaty with Indigenous Australians
by the Hon. Alastair Nicholson AO, RFD, QC
Published in Arena Magazine no. 141, April-May 2016: www.arena.org.au
The Aboriginal leader Djiniyini Gondarra has said:
‘The survival of the Aboriginal people relies on changes to the Constitution and the establishment of a Treaty. The Treaty needs to be born out of the people who have a strong connection with land, culture, spirituality and law rather than being established by government or a committee formed by government. It should be established by the people that maintain tradition because the necessary tools are already in place.’
The purpose of this article is to support the views expressed by Djiniyini Gondarra in the above quote: first, the need for changes to the Constitution; second, the establishment of a treaty; and, third, that it needs to be born out of the people concerned, who have a strong connection with land, culture, spirituality and law, rather than being established by government or a committee formed by it.
Introduction of the Juvenile Justice Law in Cambodia
"The Cambodian Government is to be commended for the introduction of the Juvenile Justice Law. It is the culmination of hard work by many people and organisations and we at Children's Rights International are proud to have been involved in this process. In doing so we have worked closely with our partners, Legal Aid Cambodia and UNICEF in cooperation with the Ministry of Justice over many years. I make particular mention of Legal Aid Cambodia whose dedication to the rights of children in Cambodia has provided great leadership in this process".
by the Hon. Alastair Nicholson AO, RFD, QC
NCAB Conference 2016
Tickets now on sale to NCAB 2016
You're invited to NCAB's seventh biennial conference, "Towards Bullying Solutions - Theory and Practice". The conference will focus on the work we are doing to address bullying, enhance wellbeing, create safe and supportive environments and ensure our work is always informed by research and experience.
The conference will bring together academics, policymakers, practitioners, educators, principals, leadership teams and young people from around the world, to explore how bullying affects people of all ages, and to share the latest research on strategies and solutions to help reduce the prevalence and impact of bullying and cyberbullying.
Where: Crown Conference Centre Melbourne
When: 28th and 29th of July 2016
Cost: Early Bird - $515.00 + GST (valid until Monday 29 February 2016)
CRI’s Cambodian Program 2015
by the Hon. Alastair Nicholson AO, RFD, QC
This report follows on from my recent Cambodian visit in July 2015.
With the assistance of substantial donations from the World Congress on Family Law and Children’s Rights and a generous private donor we have been able to plan two seminars to be held in Phnom Penh on 12-13 November and Siem Reap on 16-17 November 2015. This is most welcome because for an unfortunate number of circumstances we were unable to maintain the momentum generated by our 2012-13 programs through 2014 as we had planned.
My July visit was intended to plan these seminars in discussions with interested parties, including the Cambodian Ministry of Justice, senior members of the judiciary in Cambodia and UNICEF. The location of the seminars was selected by the Ministry of Justice and the participants will come from the populous Phnom Penh area in the case of the first one and the three adjoining provinces of Siem Reap, Banteay Meanchey and Battambang in the case of the second.
It is proposed that these seminars will be repeated in different parts of the country in 2016-17, together with such other programs that may be developed, particularly if the Juvenile Justice legislation is passed, or recommendations for specialist judges are accepted.
As a result of my discussions with UNICEF Cambodia we now have an additional project for 2015, namely to support a visit by about 8 senior Cambodian visitors to Melbourne to gain further familiarity with the Victorian child justice system, which we expect to take place in October 2015.
UNICEF have also indicated willingness to become involved and support the seminars as well. We worked closely with UNICEF in our 2012 programs in Cambodia and it is pleasing that this co-operation continues.