ࡱ> @T?V hG%` ~3bjbjNN *N,,*  """""63338:3|4l6Xk.;(V;l;l;l;G<><< iiiiiii$2mhoi"AG<G<AAi""l;l;iEEEAv"l;"l;iEAiEE2a""90> el;"; p\ Ƣ3 Bwc.'ijXkcrFpBxFp\eFp"e<A>&E?<<<iiXD0<<<XkAAAA66 )d 66)666"""""" Human rights and children and young people This information sheet talks about some of the human rights issues faced by children and young people in Australia. It also highlights how a federal Human Rights Act could help deal with these issues. Which human rights are we talking about? Human rights are about everyone, and they are very important for children and young people. But children and young people are also entitled to special additional protections, as described in the UN Convention on the Rights of the Child. One of the main human rights protections for children is that the best interests of the child must be a primary consideration in all decisions and actions concerning children. The human rights and freedoms particularly relevant to children and young people in Australia include the right to: an adequate standard of living, including adequate food, clothing and housing the highest attainable standard of physical and mental health be safe and free from violence life education express their own views and have them taken into account be detained only as a last resort and for the shortest appropriate period of time and, if detained, to be treated humanely, with dignity and in a way that takes into account their age fair working conditions privacy. 鱨վ with a physical, intellectual or mental disability have a special right to enjoy a full and decent life, and have access to appropriate health care and education facilities. What are some of the human rights problems facing children and young people in Australia? Poor services for children with disabilities in rural areas 鱨վ with disabilities are particularly disadvantaged in isolated rural areas. Generally there is a lack of any services for these children, and when they are available there is a lack of continuity due to piecemeal funding. This makes it difficult to attract professional staff. To access services, parents have to travel very long distances over appalling roads with no public transport available. The cost in time and money is considerable. Parents also suffer the distress of knowing their child needs help and being unable to provide it. Human Rights and Equal Opportunity Commission, Education Access: National Inquiry into Remote and Rural Education (2000), p 9.Some of the major human rights problems faced by children and young people in Australia include: inadequate access to education particularly for children in rural and remote areas, Indigenous children, children with a disability, and children from diverse cultural, religious and linguistic backgrounds youth homelessness 46% of people who are homeless in Australia are younger than 25 over-representation of Indigenous children in the child protection system an Indigenous child is six times more likely to be in the child protection system than a non-Indigenous child immigration detention the long-term detention of child asylum seekers in immigration detention centres, often in remote desert locations, has severely affected the mental health of many child detainees. Despite recent reforms, some children are still detained in closed immigration detention facilities limited opportunities for participation the views of children and young people are often inadequately represented in political and legal decisions which affect them child abuse and neglect in the last ten years there has been an increase in reporting to child protection systems. In 2006, 1,530 children died as a result of abuse or neglect poor conditions in juvenile detention facilities including overcrowding and some children being housed in adult facilities low youth wages employers are allowed to discriminate against young people in terms of pay. This means that a young person with the same skill level, and doing exactly the same task as another employee who is an adult, can legally be paid a different amount for that work restrictions on using public space in most states and territories, police have broad powers to move-on or detain people in public spaces. These powers disproportionately impact on young people, particularly Indigenous and homeless youth. 鱨վ unfairly evicted from shopping centres We have heard numerous reports of young people being ejected or banned from shopping centres, often for spurious reasons which would not be applied to older people. Driving young people away from shopping centres interferes with rights such as freedom of association and of peaceful assembly and participation in leisure, recreation and cultural activities. It may also deny them access to services such as shops, banks, libraries and Centrelink offices. In our view, such practices are clearly discriminatory and should not be tolerated. Youth Justice Coalition, in a submission to the Human Rights and Equal Opportunity Commission, Age Matters?: a report on age discrimination (2000), p 9.What are the limitations of existing human rights protections for children and young people? There are limited human rights protections for children and young people at the moment. Federal politicians and public servants dont have to consider the rights of children and young people when developing and implementing new laws and policies on issues such as health, education and employment. There is no specific Commissioner for children and young people at the national level to promote and protect the full range of childrens rights. Also, child protection laws are primarily state and territory laws and may not protect children from breaches of human rights by federal bodies. There are some existing protections for children and young people. For example, all states and territories have Commissioners or Guardians for children and young people that promote the best interests of children and young people in those places. Also, there are a variety of laws that protect children from abuse, neglect and violence. If you are a young person experiencing discrimination on the basis of age, race, sex or disability, you can make a complaint to the 鱨վ, as well as state and territory anti-discrimination agencies. You can also make a complaint to the Commission if you think there has been a breach of your rights under the Convention on the Rights of the Child. This includes important rights such as the right to be detained only as a last resort. If the Commission finds a breach of the Convention, it can recommend a remedy. However, these recommendations are not enforceable, and you cannot apply to have your complaint heard in court. How could we improve human rights protections for children and young people? The 鱨վ supports a Human Rights Act for Australia. A Human Rights Act that includes the rights to adequate housing, health, education and social security could make a difference to the lives of children and young people in Australia. It would improve the policies, procedures and services that many children and young people encounter daily. It could help prevent human rights breaches from happening, and could provide ways of resolving those breaches that were not prevented. A Human Rights Act could make a difference in protecting and promoting the rights of children by requiring our government to carefully consider how decisions impact on human rights. If Australia had a Human Rights Act, it could: make the federal Parliament consider how laws impact on human rights for example, whether Australias immigration detention laws breach the rights of children make the federal government respect human rights when developing policy for example, whether education policies ensure an equal right to education for all children in Australia no matter who they are or where they live make public servants respect human rights when making decisions and delivering services for example, a Centrelink official may have to take into account the best interests of the child before penalising a single parent for failure to meet the conditions of his or her benefits provide a range of enforceable remedies if a government authority breaches human rights for example, a juvenile detention facility may have to improve detention facilities to accommodate the special needs of children and young people. Over the long term, a Human Rights Act would be a powerful tool for fostering a stronger human rights culture in Australia by promoting greater understanding and respect among all people in Australia. UK Human Rights Act allows children to visit their mother The United Kingdom has had a Human Rights Act since 1998. The British Institute of Human Rights tells the story of a woman with mental health problems who increasingly struggled following the death of her husband. She was placed in 24 hour supported care and her children were fostered. It was agreed that the children could visit their mother three times each week, but these visits were gradually reduced to one per week on the basis that the authority did not have enough staff to supervise the visits. Both the children and their mother were greatly distressed by this. The mothers advocate noticed that the local childrens services department was not present during a care programme approach meeting and that the childrens interests were not being properly represented. The mothers advocate invoked the childrens right to respect for family life and convinced the mental health team to invite childrens services to the next meeting. The three visits each week were restored as a result. From this point onwards, the manager of the childrens care team personally saw to it that each visit occurred. The mother and her children have remained very close and recently secured funding to enjoy an overseas holiday together. British Institute of Human Rights, The Human Rights Act Changing Lives (2nd ed, 2008), p 13.In addition to a Human Rights Act, there is a range of other ways in which the human rights of children and young people could be better promoted and protected in Australia. For example: enhanced protection of human rights in the Australian Constitution stronger legal protections of the rights contained in the Convention on the Rights of the Child a National Commissioner for children and young people a National Human Rights Action plan, including a focus on the rights of children and young people a national public education program about human rights, including the rights of children and young people. These and other measures could make a positive difference to human rights protection for children and young people. Where can I find more information about the human rights of children and young people? 鱨վ:  HYPERLINK "www.humanrights.gov.au/human_rights/children/index.html" www.humanrights.gov.au/human_rights/children/index.html National 鱨վs and Youth Law Centre:  HYPERLINK "http://www.ncylc.org.au" www.ncylc.org.au     鱨վ Lets Talk 鱨վ Rights, National Human Rights Consultation Toolkit, February 2009  PAGE \* MERGEFORMAT 4 BY    / ? _ x z  M i n p + . 2 6 w { | P 侵 hh hh, hhQv hhS>^Jhhj_X^JhhL^JhhL6 hhC hh?(N hh> hhS> hhY L hh}:d hhL:+ 2 UW & FdxEƀcӆ[$^`gdhFEƀcӆgdhgdh & Fgdh 2}3&O QW & FdxEƀcӆ[$^`gdhW & FdxEƀcӆ[$^`gdh QW & FdxEƀcӆ[$^`gdhW & FdxEƀcӆ[$^`gdh & QW & FdxEƀcӆ[$^`gdW & FdxEƀcӆ[$^`gdh QG dx[$gdS>W & FdxEƀcӆ [$^`gd,W & FdxEƀcӆ[$^`gdh Ls$%yz45stfg=>BOPeAq$ӶӯӨӡwhh.\hhLa[\hhL^Jhhj5^J hh6 hh hh\ hhk. hh] hh5 hhENhhL6 hhC hh.hh3y5^J hhL hhNQ hh@. 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P@P hNormal  CJOJQJ_HaJmH sH tH j@j h Heading 10$$ & F hn:h@&^`:5CJ\aJj@j h Heading 2) & F hH@@&^@`6B*\aJphf@!f h Heading 3& & F h0@&^`05B*CJ\ph\@1\ h Heading 4& & F h`@&^`` 6\]DA@D Default Paragraph FontRi@R  Table Normal4 l4a (k(No List TOT h Char Char7&5CJOJQJ\^JaJmHsHtH ^O^ h Char Char6/56B*CJOJQJ^JaJmHphsHtH TOT h Char Char5&6CJOJQJ\^JaJmHsHtH RO!R h Char Char4#CJOJQJ]^JaJmHsHtH DO2D hList Paragraph ^m$B @BB hFooter$ B#a$CJNQN h Char Char3 CJOJQJ^JaJmHsHtH :U@a: h Hyperlink>*B*^Jphs h Table Grid7:V0OJQJ_HmH sH tH HH {J Balloon TextCJOJQJ^JaJ>> 9\ Char Char2CJOJQJ^JF'F -Comment Reference CJ^JaJ<@< - Comment TextCJaJBB P Char Char1CJOJQJ^JaJ@j@ -Comment Subject5\22 P Char Char5\LL[4D0Revision CJOJQJ_HaJmH sH tH 4@4 gHeader 9r 44         Gz Times New Roman5Symbol3& z Arial?5 z Courier New;Wingdings7&{ @Calibri5& zaTahoma5,*2| |}-~rjvZF52b !l(} $->x)hHJ4{rCA2EJ%dhn[>T?\~Y| nBE}njo^`.^`.^`.^`. ^`OJQJo( ^`OJQJo( ^`OJQJo( ^`OJQJo(hh^h`. hh^h`OJQJo( ^`OJQJo( ^`OJQJo(o pp^p`OJQJo( @ @ ^@ `OJQJo( ^`OJQJo(o ^`OJQJo( ^`OJQJo( ^`OJQJo(o PP^P`OJQJo( ^`OJQJo( ^`OJQJo(o pp^p`OJQJo( @ @ ^@ `OJQJo( ^`OJQJo(o ^`OJQJo( ^`OJQJo( ^`OJQJo(o PP^P`OJQJo(:n^`:^Jo(@^@`^Jo(.0^`056CJOJQJ^Jo(()`^``^Jo(() ^`^Jo( .... ^`^Jo( ..... ^`^Jo( ...... `^``^Jo(....... 00^0`^Jo(........ ^`OJQJo( ^`OJQJo(o pp^p`OJQJo( @ @ ^@ `OJQJo( ^`OJQJo(o ^`OJQJo( ^`OJQJo( ^`OJQJo(o PP^P`OJQJo( ^`OJQJo( ^`OJQJo(o pp^p`OJQJo( @ @ ^@ `OJQJo( ^`OJQJo(o ^`OJQJo( ^`OJQJo( ^`OJQJo(o PP^P`OJQJo( ^`OJQJo( ^`OJQJo(o   ^ `OJQJo(   ^ `OJQJo( xx^x`OJQJo(o HH^H`OJQJo( ^`OJQJo( ^`OJQJo(o ^`OJQJo( ^`OJQJo( ^`OJQJo(o   ^ `OJQJo(   ^ `OJQJo( xx^x`OJQJo(o HH^H`OJQJo( ^`OJQJo( ^`OJQJo(o ^`OJQJo( ^`OJQJo( ^`OJQJo(o pp^p`OJQJo( @ @ ^@ `OJQJo( ^`OJQJo(o ^`OJQJo( ^`OJQJo( ^`OJQJo(o PP^P`OJQJo( ^`OJQJo( ^`OJQJo(o pp^p`OJQJo( @ @ ^@ `OJQJo( ^`OJQJo(o ^`OJQJo( ^`OJQJo( ^`OJQJo(o PP^P`OJQJo( ^`OJQJo( ^`OJQJo(o p^p`OJQJo( @ ^@ `OJQJo( ^`OJQJo(o ^`OJQJo( ^`OJQJo( ^`OJQJo(o P^P`OJQJo(x)HJ4?\b !rCAEBE} $Y|n[~}|         U                                                     U                 !   P@P hNormal  CJOJQJ_HaJmH sH tH j@j h Heading 10$$ & F hn:h@&^`:5CJ\aJj@j h Heading 2) & F hH@@&^@`6B*\aJphf@!f h Heading 3& & F h0@&^`05B*CJ\ph\@1\ h Heading 4& & F h`@&^`` 6\]DA@D Default Paragraph FontRi@R  Table Normal4 l4a (k@(No List TOT h Char Char7&5CJOJQJ\^JaJmHsHtH ^O^ h Char Char6/56B*CJOJQJ^JaJmHphsHtH TOT h Char Char5&6CJOJQJ\^JaJmHsHtH RO!R h Char Char4#CJOJQJ]^JaJmHsHtH DO2D hList Paragraph ^m$B @BB hFooter$ B#a$CJNOQN h Char Char3 CJOJQJ^JaJmHsHtH :U@a: h Hyperlink>*B*^Jph@s h Table Grid7:V0OJQJ_HmH sH tH H@H {J Balloon TextCJOJQJ^JaJ>> 9\ Char Char2CJOJQJ^JF'F -Comment Reference CJ^JaJ<@< - Comment TextCJaJBB P Char Char1CJOJQJ^JaJ@j@@ -Comment Subject5\22 P Char Char5\LOL[4D0Revision CJOJQJ_HaJmH sH tH 4@4 gHeader 9r \\               Gz Times New Roman5Symbol3& z Arial?5 z Courier New;Wingdings7&{ @Calibri5& zaTahoma5,*2|ضB}ڪQ~HZ[DD_~rvۨSĨjab !l(} $->x)hHJ4{rCA2EJ%dhn[>T?\~Y| nBE}njo^`.^`.^`.^`. ^`OJQJo( ^`OJQJo( ^`OJQJo( ^`OJQJo(hh^h`. hh^h`OJQJo( ^`OJQJo( ^`OJQJo(o pp^p`OJQJo( @ @ ^@ `OJQJo( ^`OJQJo(o ^`OJQJo( ^`OJQJo( ^`OJQJo(o PP^P`OJQJo( ^`OJQJo( ^`OJQJo(o pp^p`OJQJo( @ @ ^@ `OJQJo( ^`OJQJo(o ^`OJQJo( ^`OJQJo( ^`OJQJo(o PP^P`OJQJo(:n^`:^Jo(@^@`^Jo(.0^`056CJOJQJ^Jo(()`^``^Jo(() ^`^Jo( .... ^`^Jo( ..... ^`^Jo( ...... `^``^Jo(....... 00^0`^Jo(........ ^`OJQJo( ^`OJQJo(o pp^p`OJQJo( @ @ ^@ `OJQJo( ^`OJQJo(o ^`OJQJo( ^`OJQJo( ^`OJQJo(o PP^P`OJQJo( ^`OJQJo( ^`OJQJo(o pp^p`OJQJo( @ @ ^@ `OJQJo( ^`OJQJo(o ^`OJQJo( ^`OJQJo( ^`OJQJo(o PP^P`OJQJo( ^`OJQJo( ^`OJQJo(o   ^ `OJQJo(   ^ `OJQJo( xx^x`OJQJo(o HH^H`OJQJo( ^`OJQJo( ^`OJQJo(o ^`OJQJo( ^`OJQJo( ^`OJQJo(o   ^ `OJQJo(   ^ `OJQJo( xx^x`OJQJo(o HH^H`OJQJo( ^`OJQJo( ^`OJQJo(o ^`OJQJo( ^`OJQJo( ^`OJQJo(o pp^p`OJQJo( @ @ ^@ `OJQJo( ^`OJQJo(o ^`OJQJo( ^`OJQJo( ^`OJQJo(o PP^P`OJQJo( ^`OJQJo( ^`OJQJo(o pp^p`OJQJo( @ @ ^@ `OJQJo( ^`OJQJo(o ^`OJQJo( ^`OJQJo( ^`OJQJo(o PP^P`OJQJo( ^`OJQJo( ^`OJQJo(o p^p`OJQJo( @ ^@ `OJQJo( ^`OJQJo(o ^`OJQJo( ^`OJQJo( ^`OJQJo(o P^P`OJQJo(x)HJ4?\b !rCAEBE} $Y|n[~}|         U                                                     U                 !   P`P gNormal  CJOJQJ_HaJmH sH tH j@j h Heading 10$$ & F hn:h@&^`:5CJ\aJj@j h Heading 2) & F hH@@&^@`6B*\aJphf@!f h Heading 3& & F h0@&^`05B*CJ\ph\@1\ h Heading 4& & F h`@&^`` 6\]DA@D Default Paragraph FontRi@R  Table Normal4 l4a (k@(No List TOT h Char Char7&5CJOJQJ\^JaJmHsHtH ^O^ h Char Char6/56B*CJOJQJ^JaJmHphsHtH TOT h Char Char5&6CJOJQJ\^JaJmHsHtH RO!R h Char Char4#CJOJQJ]^JaJmHsHtH DO2D hList Paragraph ^m$B @BB hFooter$ B#a$CJNOQN h Char Char3 CJOJQJ^JaJmHsHtH :U@a: h Hyperlink>*B*^Jph@s h Table Grid7:V0OJQJ_HmH sH tH H@H {J Balloon TextCJOJQJ^JaJ>> 9\ Char Char2CJOJQJ^JF'F -Comment Reference CJ^JaJ<@< - Comment TextCJaJBB P Char Char1CJOJQJ^JaJ@j@@ -Comment Subject5\22 P Char Char5\LOL[4D0Revision CJOJQJ_HaJmH sH tH 4@4 gHeader 9r \\               Gz Times New Roman5Symbol3& z Arial?5 z Courier New;Wingdings7&{ @Calibri5& zaTahoma "to "$4DTdt  , < P`p(8HXhx 0@P` p!!"##$$(%%8&&H''X((h))x*++,, --0..@//P00`11p2234455(66877H88X99h::x;<<== >>0??@@@PAA`BBpCCDEEFF(GG8HHHIIXJJhKKxLMMNN OO0PPBQQVRRhSSxTUUVV WW0XX@YYTZZX[[h\\x]^^__$``4aaDbbTccdddteef gghh,ii>>\\>>==>>L(Xn#SFk=>==>>>>>?(XSF0(X$SFl;8(XSF\\L(Xn#SFs(XSF****XX******L(Xn#SF{**********(XSF,,,,,,,,,,L(Xn#SF,,,,,,,,,,L(Xn#SF,,,,,,,,,,L(Xn#SF,,,,,,,,,,(XhSF,,,,,,,,,,,(XSF----------L(Xn#SF----------L(Xn#SF----------L(Xn#SF----------L(Xn#SF----------L(Xn#SF----------L(Xn#SF----------L(Xn#SF----------(XSF`*000000,SFC@~~,SFS@,SFS@,SFS@**(FXS,],S,S,S,S,],],],],!|(FXf,g,f,f,f,f,g,g,g,g,(F[fg,h,g,g,g,g,h,h,h,h,(Xd҆afaaDDaaffff(Xd҆ϓ0 A 0 5 N|5 5 @ @ @ @ `0(:e҆*+A~(Xe҆W0(X3e҆@M@E@v@@MMMM30(X3e҆ ZgZgZZZgZZ3(X4e҆f/)ZgZZIt(4e҆E**E**E*E*****(4e҆a**..****ل0(4e҆)E*****E*E*E*E*It(XGe҆''''H''''''(nGe҆''''''''''|*Ge҆'''''''' (n4Ge҆C''''''''''(nGe҆''''''''''(Ge҆'''''''''' (X{Ge҆D''''''''''L(Xn#Ge҆''''''''''(XIe҆()''''''''It(XkҦx y y y y y x x y y (X( kҦx y x x y y y y y z L(XkҦȸ  ??   (XkҦDEDD>>DDEEEEL(Xn#kҦиEFEEEEFFFF(XkҦ(XkҦ``(XkҦ )) (XkҦظ  (XkҦ  (XkҦ  (XkҦ  (XkҦ  (XkҦ))))))))))|0(X5FDEEEEEDDEE(X5FCDDDEECCDE(X5FBCCCDEBBCE(X5FABBBCEAABE(X5F@AAABE@@AE8(X5F?@@@AE??@E(X5F>???>>?(5Ź=>>>?==>(5Ź<===>E<<=E(X5F;<<<=E;;<E(X5F:;;;<E::;E(Xn#5F9:::;E99:E(X5FEF99:EFFFF(X6FSTTTTTSSTT(X6FRSSSTTRRST(X6FQRRRSTQQRT(X6FPQQQRTPPQT(X6FOPPPQTOOPT(X6FNOOOPTNNOT(X6FMNNNOTMMNT(X6FLMMMNTLLMT(X6FKLLLMTKKLT(X6FJKKKLTJJKT(X6FIJJJKTIIJT(Xn#6FHIIIJTHHIT(X6FTUHHITUUUU(l7F088@{8888@{(n7FV( ) ) H) ) @{Y Y Y Y @{(X7FUY Y Y Y Y @{Z Z Z Z @{Y (X7F19@{@{(7F19@{@{ ( X7F29@{@{(X8F  @{  @{(X8F   @{  @{(X8F   @{  @{(X8F   @{  @{(X8F   @{  @{(X8F   @{  @{(X8F   @{  @{(X8F   @{  @{(X8F   @{  @{(X8F   @{  @{(X8F   @{  @{(X8F   @{  @{(Xn#8F   @{  @{(X8F   @{  @{(l9FM&(M&(M&M&@{((((@{(X9F  YY @{  @{(n9F "  @{""""@{(n9F""""""@{""""@{(9F""""""@{""""@{ @(X{9F!"""""@{""""@{L(Xn#9F""""""@{""""@{(X9F""""""@{""""@{ L(Xn#9F""""""@{""""@{(X9F""""""@{""""@{"(X9F""""""@{""""@{`0(vF+)It4(X7F2 $ $  $$$$7(F22(F(F0100000000(XF           L(Xn#FX         (F&&&&&&&&&&(PF4**********l(XF`**********(XF**********(X8Fh**********(XF**********L(Xn#F:**********(XF)*********(X(F@C@@@@AAAA(X(FACAAAAAAAA((FACAAAAAAAA ()F(),Pn҆xS@!!ww|*҆p!ww!ww$,Pn҆xxS@!ww!ww,X+n҆xxS@#xm#x ,X+҆xxS@#x#x,X<҆xxS@#x#x,P҆xxS@!ww!ww,P҆xxS@!ww!ww,P҆xxS@!ww!ww,P҆xxS@!ww!ww,P҆xxS@!ww!ww,P҆xxS@!ww!ww0,X҆xwS@!ww!vv,PXh҆wwS@!vv!vv|*҆9^w(҆&&&&&&&&&&,P҆wxS@!uu!vv(X҆ABBBBBAABB(X3҆@CAABB@@ABP|*҆A @@@@@@@@9^w(҆@@@@@@@@@@(҆()@@@@@@@@,,P҆xxS@MMMM@@@@,0(r`҆KKKw(rr҆_ _ ___ __0(r[r&****<(rs&)***(Xebӆz9d!g! d!d!d!d! g!g!g!g!(Xfbӆ 0(cӆ()********     !"#$%&'()*+,-./0123456789:;<=>?@ABCDEFGHIJKLMNOPQRSTUVWXYZ[\]^_`abcdefghijklmnopqrstuvwxyz{|}~%` PbjbjNN *N,,&)HHbH|l4>       $$h H HH GGGHH G GGHHG p\ ƢPG 4GG$G\ < GdlW  m4D6W:jdV6:jHHHHHH living in poverty who left her partner after discovering that he had been abusing their children. She and the children were placed in temporary accommodation but were regularly moved. Over a period of six months, the family was accommodated in three different London boroughs. Eventually, the woman was informed by social workers that the children would be removed from her and taken into care. They claimed that she was an unfit parent because she was unable to provide stability for her children and was having difficulty getting them to school. A local support group helped the woman to prepare for a case conference with the social services department. With help from the group, the woman invoked her childrens right to respect for private and family life and their right to education and asked the authority to prove, on the basis of its track record, that it was better placed than her to secure these rights for her children. After being challenged in this way, the department decided not to remove the children, although they remained on the children at risk register. Within three weeks, stable accommodation was found for the family and they were assisted to purchase the furniture and other goods required to set up a home together. living in poverty who left her partner after discovering that he had been abusing their children. She and the children were placed in temporary accommodation but were regularly moved. Over a period of six months, the family was accommodated in three different London boroughs. Eventually, the woman was informed by social workers that the children would be removed from her and taken into care. They claimed that she was an unfit parent because she was unable to provide stability for her children and was having difficulty getting them to school. A local support group helped the woman to prepare for a case conference with the social services department. With help from the group, the woman invoked her childrens right to respect for private and family life and their right to education and asked the authority to prove, on the basis of its track record, that it was better placed than her to secure these rights for her children. After being challenged in this way, the department decided not to remove the children, although they remained on the children at risk register. Within three weeks, stable accommodation was found for the family and they were assisted to purchase the furniture and other goods required to set up a home together. The United Kingdom has had a Human Rights Act since 1998. The British Institute of Human Rights tells the story of a woman A woman with mental health problems increasingly struggled following the death of her husband. She was placed in 24 hour supported care and her children were fostered. It was agreed that the children could visit their mother three times each week, but these visits were gradually reduced to one per week on the basis that the authority did not have enough staff to supervise the visits. Both the children and their mother were greatly distressed by this. The mothers advocate noticed that the local childrens services department was not present during a care programme approach meeting and that the childrens interests were not being properly represented. After attending a BIHR training session, he invoked the childrens right to respect for family life and convinced the mental health team to invite childrens services to the next meeting. The three visits each week were restored as a result. From this point onwards, the manager of the childrens care team personally saw to it that each visit occurred. The mother and her children have remained very close and recently secured funding to enjoy an overseas holiday together.living in poverty who left her partner after discovering that he had been abusing their children. She and the children were placed in temporary accommodation but were regularly moved. Over a period of six months, the family was accommodated in three different London boroughs. Eventually, the woman was informed by social workers that the children would be removed from her and taken into care. They claimed that she was an unfit parent because she was unable to provide stability for her children and was having difficulty getting them to school. A local support group helped the woman to prepare for a case conference with the social services department. With help from the group, the woman invoked her childrens right to respect for private and family life and their right to education and asked the authority to prove, on the basis of its track record, that it was better placed than her to secure these rights for her children. After being challenged in this way, the department decided not to remove the children, although they remained on the children at risk register. Within three weeks, stable accommodation was found for the family and they were assisted to purchase the furniture and other goods required to set up a home together. 8A woman After attending a BIHR training session, keep a family togethergive children give childrento helps ot ot ot ot ot ot ot ot otI. nailartsuAY .O.IL.C. .P .L.R nailartsuAand eM .M .MP eralaredef HYPERLINK "www.piac.asn.au/publications/hrkit.html" www.piac.asn.au/publications/hrkit.htmlHnstheir believes that the most comprehensive way to improve human rights protections is throughtake into account Human rights and children and young people This information sheet talks about some of the human rights issues faced by children and young people in Australia. It also highlights how a federal Human Rights Act could help deal with these issues. Which human rights are relevant? Human rights are about everyone, and they are very important for children and young people. But children and young people are also entitled to special additional protections, as described in the UN Convention on the Rights of the Child. One of the main human rights protections for children is that the best interests of the child must be a primary consideration in all decisions and actions concerning children. The human rights and freedoms particularly relevant to children and young people in Australia include the right to: to an adequate standard of living, including adequate food, clothing and housing to the highest attainable standard of physical and mental health to be safe and free from violence to life to education to express their own views and have them taken into account to be detained only as a last resort and for the shortest appropriate period of time and, if detained, to be treated humanely, with dignity and in a way that takes into account their age to fair working conditions to privacy. 鱨վ with a physical, intellectual or mental disability have a special right to enjoy a full and decent life, and have access to appropriate health care and education facilities. What are some of the human rights problems facing children and young people in Australia? Some of the major human rights problems faced by children and young people in Australia include: iInadequate access to education particularly for children in rural and remote areas, Indigenous children, children with a disability, and children from diverse cultural, religious and linguistic backgrounds. PULL OUT BOX Poor services for children with disabilities in rural areas 鱨վ with disabilities are particularly disadvantaged in isolated rural areas. Generally there is a lack of any services for these children, and when they are available there is a lack of continuity due to piecemeal funding. This makes it difficult to attract professional staff. To access services, parents have to travel very long distances over appalling roads with no public transport available. The cost in time and money is considerable. Parents also suffer the distress of knowing their child needs help and being unable to provide it. Australian Human Rights and Equal Opportunity Commission, Education Access: National Inquiry into Remote and Rural Education (2000), p 9.yYouth homelessness 46% of people who are homeless in Australia are younger than 25. oOver-representation of Indigenous children in the child protection system an Indigenous child is six times more likely to be in the child protection system than a non-Indigenous child. iImmigration detention the long-term detention of child asylum-seekers in immigration detention centres, often in remote desert locations, has severely affected the mental health of many child detainees. Despite recent reforms, some children are still detained in closed immigration detention facilities. lLimited opportunities for participation the views of children and young people are often inadequately represented in political and legal decisions which affect them. cChild abuse and neglect in the last ten years there has been an increase in reporting to child protection systems. In 2006, 1530 children died as a result of abuse or neglect. pPoor conditions in juvenile detention facilities including overcrowding and some children being housed in adult facilities. lLow youth wages employers are allowed to discriminate against young people in terms of pay. This means that a young person with the same skill level, and doing exactly the same task as another employee who is an adult, can legally be paid a different amount for that work. rRestrictions on using public space in most states and territories, police have broad powers to move-on or detain people in public spaces. These powers disproportionately impact on young people, particularly Indigenous and homeless youth. PULL OUT BOX 鱨վ unfairly evicted from shopping centres We have heard numerous reports of young people being ejected or banned from shopping centres, often for spurious reasons which would not be applied to older people. Driving young people away from shopping centres interferes with rights such as freedom of association and of peaceful assembly and participation in leisure, recreation and cultural activities. It may also deny them access to services such as shops, banks, libraries and Centrelink offices. In our view, such practices are clearly discriminatory and should not be tolerated. Youth Justice Coalition, in a submission to the Australian Human Rights and Equal Opportunity Commission, Age Matters?: a report on age discrimination (2000), p 9.What are the limitations of existing human rights protections for children and young people? There are limited human rights protections for children and young people at the moment. Federal politicians and public servants dont have to consider the rights of children and young people when developing and implementing new laws and policies on issues such as education, health, education and employment. There is no specific Commissioner for children and young people at the national level to promote and protect the full-range of childrens rights. Also, child protection laws are primarily state and territory laws and may not protect children from breaches of human rights by federal bodies. There are some existing protections for children and young people. For example, all states and territories have Commissioners or Guardians for children and young people that promote the best interests of children and young people in those places. Also, there are a variety of laws that protect children from abuse, neglect and violence. If you are a young person experiencing discrimination on the basis of their age, race, sex or disability, you can make a complaint to the 鱨վ, as well as state and territory anti-discrimination agencies. You can also make a complaint to the Commission if you think there has been a breach of your rights under the Convention on the Rights of the Child. This includes important rights such as the right to be detained only as a last resort. If the Commission finds a breach of the Convention, it can recommend a remedy. However, these recommendations are not enforceable, and you cannot apply to have your complaint heard in court. How could we improve human rights protections for children and young people? The 鱨վ believes that the most comprehensive way to improve human rights protections is throughsupports a Human Rights Act for Australia. A Human Rights Act that includes the rights to adequate housing, health, education and social security could make a difference to the lives of children and young people in Australia. It would improve the policies, procedures and services that many children and young people encounter daily. It could help prevent human rights breaches from happening, and could provide ways of resolving those breaches that were not prevented. A Human Rights Act could make a difference in protecting and promoting the rights of children by requiring our government to carefully consider how decisions impact on human rights. If Australia had a Human Rights Act, it could: mMake the federal parliament consider how laws impact on human rights for example, whether Australias immigration detention laws breach the rights of children. mMake the federal government respect human rights when developing policy for example, whether education policies ensure an equal right to education for all children in Australia no matter who they are or where they live. mMake public servants take respect human rights into account when making decisions and delivering services for example, a Centrelink official may have to take into account the best interests of the child before penalising a single parent for failure to meet the conditions of their his or her benefits. PULL OUT BOX UK human rights act helps allows keep a family togetherchildren visit their mother The United Kingdom has had a Human Rights Act since 1998. The British Institute of Human Rights tells the story of a woman with mental health problems who increasingly struggled following the death of her husband. She was placed in 24 hour supported care and her children were fostered. It was agreed that the children could visit their mother three times each week, but these visits were gradually reduced to one per week on the basis that the authority did not have enough staff to supervise the visits. Both the children and their mother were greatly distressed by this. The mothers advocate noticed that the local childrens services department was not present during a care programme approach meeting and that the childrens interests were not being properly represented. The mothers advocate invoked the childrens right to respect for family life and convinced the mental health team to invite childrens services to the next meeting. The three visits each week were restored as a result. From this point onwards, the manager of the childrens care team personally saw to it that each visit occurred. The mother and her children have remained very close and recently secured funding to enjoy an overseas holiday together.living in poverty who left her partner after discovering that he had been abusing their children. She and the children were placed in temporary accommodation but were regularly moved. Over a period of six months, the family was accommodated in three different London boroughs. Eventually, the woman was informed by social workers that the children would be removed from her and taken into care. They claimed that she was an unfit parent because she was unable to provide stability for her children and was having difficulty getting them to school. A local support group helped the woman to prepare for a case conference with the social services department. With help from the group, the woman invoked her childrens right to respect for private and family life and their right to education and asked the authority to prove, on the basis of its track record, that it was better placed than her to secure these rights for her children. After being challenged in this way, the department decided not to remove the children, although they remained on the children at risk register. Within three weeks, stable accommodation was found for the family and they were assisted to purchase the furniture and other goods required to set up a home together. British Institute of Human Rights, The Human Rights Act Changing Lives (2nd ed, 2008), p 183. pProvide a range of enforceable remedies if a government authority breaches human rights for example, a juvenile detention facility may have to improve detention facilities to accommodate the special needs of children and young people. Over the long term, a Human Rights Act would be a powerful tool for fostering a stronger human rights culture in Australia by promoting greater understanding and respect among all people in Australians. In addition to a Human Rights Act, there is are a range of other ways in which the human rights of children and young people could be better promoted and protected in Australia. For example: stronger legal protections of the rights contained in the Convention on the Rights of the Child a Nationalfederal Commissioner for children and young people a National Human Rights Action plan, including a focus on the rights of children and young people a national public education program about human rights, including the rights of children and young people. These and other measures could make a positive difference to human rights protection. Where can I find more information about the human rights of children and young people? Public Interest Advocacy Centre Protecting Human Rights in Australia:  HYPERLINK "www.piac.asn.au/publications/hrkit.html" www.piac.asn.au/publications/hrkit.html  HYPERLINK "www.piac.asn.au/publications/hrkit.html" www.piac.asn.au/publications/hrkit.htmlWhich human rights are relevant? Human rights are about everyone, and they are very important for children and young people. But children and young people are also entitled to special additional protections, as described in the UN Convention on the Rights of the Child. One of the main human rights protections for children is that the best interests of the child must be a primary consideration in all decisions and actions concerning children. The human rights and freedoms particularly relevant to children and young people in Australia include the right to: an adequate standard of living, including adequate food, clothing and housing the highest attainable standard of physical and mental health be safe and free from violence life education express their own views and have them taken into account be detained only as a last resort and for the shortest appropriate period of time and, if detained, to be treated humanely, with dignity and in a way that takes into account their age fair working conditions privacy. 鱨վ with a physical, intellectual or mental disability have a special right to enjoy a full and decent life, and have access to appropriate health care and education facilities. What are some of the human rights problems facing children and young people in Australia? Some of the major human rights problems faced by children and young people in Australia include: inadequate access to education particularly for children in rural and remote areas, Indigenous children, children with a disability, and children from diverse cultural, religious and linguistic backgrounds PULL OUT BOX Poor services for children with disabilities in rural areas 鱨վ with disabilities are particularly disadvantaged in isolated rural areas. Generally there is a lack of any services for these children, and when they are available there is a lack of continuity due to piecemeal funding. This makes it difficult to attract professional staff. To access services, parents have to travel very long distances over appalling roads with no public transport available. The cost in time and money is considerable. Parents also suffer the distress of knowing their child needs help and being unable to provide it. Human Rights and Equal Opportunity Commission, Education Access: National Inquiry into Remote and Rural Education (2000), p 9.youth homelessness 46% of people who are homeless in Australia are younger than 25 over-representation of Indigenous children in the child protection system an Indigenous child is six times more likely to be in the child protection system than a non-Indigenous child immigration detention the long-term detention of child asylum-seekers in immigration detention centres, often in remote desert locations, has severely affected the mental health of many child detainees. Despite recent reforms, some children are still detained in closed immigration detention facilities limited opportunities for participation the views of children and young people are often inadequately represented in political and legal decisions which affect them child abuse and neglect in the last ten years there has been an increase in reporting to child protection systems. In 2006, 1530 children died as a result of abuse or neglect poor conditions in juvenile detention facilities including overcrowding and some children being housed in adult facilities low youth wages employers are allowed to discriminate against young people in terms of pay. This means that a young person with the same skill level, and doing exactly the same task as another employee who is an adult, can legally be paid a different amount for that work restrictions on using public space in most states and territories, police have broad powers to move-on or detain people in public spaces. These powers disproportionately impact on young people, particularly Indigenous and homeless youth. PULL OUT BOX 鱨վ unfairly evicted from shopping centres We have heard numerous reports of young people being ejected or banned from shopping centres, often for spurious reasons which would not be applied to older people. Driving young people away from shopping centres interferes with rights such as freedom of association and of peaceful assembly and participation in leisure, recreation and cultural activities. It may also deny them access to services such as shops, banks, libraries and Centrelink offices. In our view, such practices are clearly discriminatory and should not be tolerated. Youth Justice Coalition, in a submission to the Human Rights and Equal Opportunity Commission, Age Matters?: a report on age discrimination (2000), p 9.What are the limitations of existing human rights protections for children and young people? There are limited human rights protections for children and young people at the moment. Federal politicians and public servants dont have to consider the rights of children and young people when developing and implementing new laws and policies on issues such as education, health, education and employment. There is no specific Commissioner for children and young people at the national level to promote and protect the full-range of childrens rights. Also, child protection laws are primarily state and territory laws and may not protect children from breaches of human rights by federal bodies. There are some existing protections for children and young people. For example, all states and territories have Commissioners or Guardians for children and young people that promote the best interests of children and young people in those places. Also, there are a variety of laws that protect children from abuse, neglect and violence. If you are a young person experiencing discrimination on the basis of their age, race, sex or disability, you can make a complaint to the 鱨վ, as well as state and territory anti-discrimination agencies. You can also make a complaint to the Commission if you think there has been a breach of your rights under the Convention on the Rights of the Child. This includes important rights such as the right to be detained only as a last resort. If the Commission finds a breach of the Convention, it can recommend a remedy. However, these recommendations are not enforceable, and you cannot apply to have your complaint heard in court. How could we improve human rights protections for children and young people? The 鱨վ supports a Human Rights Act for Australia. A Human Rights Act that includes the rights to adequate housing, health, education and social security could make a difference to the lives of children and young people in Australia. It would improve the policies, procedures and services that many children and young people encounter daily. It could help prevent human rights breaches from happening, and could provide ways of resolving those breaches that were not prevented. A Human Rights Act could make a difference in protecting and promoting the rights of children by requiring our government to carefully consider how decisions impact on human rights. If Australia had a Human Rights Act, it could: make the federal parliament consider how laws impact on human rights for example, whether Australias immigration detention laws breach the rights of children make the federal government respect human rights when developing policy for example, whether education policies ensure an equal right to education for all children in Australia no matter who they are or where they live make public servants respect human rights when making decisions and delivering services for example, a Centrelink official may have to take into account the best interests of the child before penalising a single parent for failure to meet the conditions of his or her benefits. PULL OUT BOX UK human rights act allows children visit their mother The United Kingdom has had a Human Rights Act since 1998. The British Institute of Human Rights tells the story of a woman with mental health problems who increasingly struggled following the death of her husband. She was placed in 24 hour supported care and her children were fostered. It was agreed that the children could visit their mother three times each week, but these visits were gradually reduced to one per week on the basis that the authority did not have enough staff to supervise the visits. Both the children and their mother were greatly distressed by this. The mothers advocate noticed that the local childrens services department was not present during a care programme approach meeting and that the childrens interests were not being properly represented. The mothers advocate invoked the childrens right to respect for family life and convinced the mental health team to invite childrens services to the next meeting. The three visits each week were restored as a result. From this point onwards, the manager of the childrens care team personally saw to it that each visit occurred. The mother and her children have remained very close and recently secured funding to enjoy an overseas holiday together. British Institute of Human Rights, The Human Rights Act Changing Lives (2nd ed, 2008), p 13. provide a range of enforceable remedies if a government authority breaches human rights for example, a juvenile detention facility may have to improve detention facilities to accommodate the special needs of children and young people. Over the long term, a Human Rights Act would be a powerful tool for fostering a stronger human rights culture in Australia by promoting greater understanding and respect among all people in Australia. In addition to a Human Rights Act, there is a range of other ways in which the human rights of children and young people could be better promoted and protected in Australia. For example: stronger legal protections of the rights contained in the Convention on the Rights of the Child a National Commissioner for children and young people a National Human Rights Action plan, including a focus on the rights of children and young people a national public education program about human rights, including the rights of children and young people. These and other measures could make a positive difference to human rights protection. Where can I find more information about the human rights of children and young people? 鱨վ:  HYPERLINK "www.humanrights.gov.au/human_rights/children/index.html" www.humanrights.gov.au/human_rights/children/index.html Public Interest Advocacy Centre Protecting Human Rights in Australia:  HYPERLINK "www.piac.asn.au/publications/hrkit.html" www.piac.asn.au/publications/hrkit.html enhanced protection of human rights in the Australian Constitution enhanced protection of human rights in the Australian Constitution Which human rights are relevant? Human rights are about everyone, and they are very important for children and young people. But children and young people are also entitled to special additional protections, as described in the UN Convention on the Rights of the Child. One of the main human rights protections for children is that the best interests of the child must be a primary consideration in all decisions and actions concerning children. The human rights and freedoms particularly relevant to children and young people in Australia include the right to: an adequate standard of living, including adequate food, clothing and housing the highest attainable standard of physical and mental health be safe and free from violence life education express their own views and have them taken into account be detained only as a last resort and for the shortest appropriate period of time and, if detained, to be treated humanely, with dignity and in a way that takes into account their age fair working conditions privacy. 鱨վ with a physical, intellectual or mental disability have a special right to enjoy a full and decent life, and have access to appropriate health care and education facilities. What are some of the human rights problems facing children and young people in Australia? Some of the major human rights problems faced by children and young people in Australia include: inadequate access to education particularly for children in rural and remote areas, Indigenous children, children with a disability, and children from diverse cultural, religious and linguistic backgrounds PULL OUT BOX Poor services for children with disabilities in rural areas 鱨վ with disabilities are particularly disadvantaged in isolated rural areas. Generally there is a lack of any services for these children, and when they are available there is a lack of continuity due to piecemeal funding. This makes it difficult to attract professional staff. To access services, parents have to travel very long distances over appalling roads with no public transport available. The cost in time and money is considerable. Parents also suffer the distress of knowing their child needs help and being unable to provide it. Human Rights and Equal Opportunity Commission, Education Access: National Inquiry into Remote and Rural Education (2000), p 9.youth homelessness 46% of people who are homeless in Australia are younger than 25 over-representation of Indigenous children in the child protection system an Indigenous child is six times more likely to be in the child protection system than a non-Indigenous child immigration detention the long-term detention of child asylum-seekers in immigration detention centres, often in remote desert locations, has severely affected the mental health of many child detainees. Despite recent reforms, some children are still detained in closed immigration detention facilities limited opportunities for participation the views of children and young people are often inadequately represented in political and legal decisions which affect them child abuse and neglect in the last ten years there has been an increase in reporting to child protection systems. In 2006, 1530 children died as a result of abuse or neglect poor conditions in juvenile detention facilities including overcrowding and some children being housed in adult facilities low youth wages employers are allowed to discriminate against young people in terms of pay. This means that a young person with the same skill level, and doing exactly the same task as another employee who is an adult, can legally be paid a different amount for that work restrictions on using public space in most states and territories, police have broad powers to move-on or detain people in public spaces. These powers disproportionately impact on young people, particularly Indigenous and homeless youth. PULL OUT BOX 鱨վ unfairly evicted from shopping centres We have heard numerous reports of young people being ejected or banned from shopping centres, often for spurious reasons which would not be applied to older people. Driving young people away from shopping centres interferes with rights such as freedom of association and of peaceful assembly and participation in leisure, recreation and cultural activities. It may also deny them access to services such as shops, banks, libraries and Centrelink offices. In our view, such practices are clearly discriminatory and should not be tolerated. Youth Justice Coalition, in a submission to the Human Rights and Equal Opportunity Commission, Age Matters?: a report on age discrimination (2000), p 9.What are the limitations of existing human rights protections for children and young people? There are limited human rights protections for children and young people at the moment. Federal politicians and public servants dont have to consider the rights of children and young people when developing and implementing new laws and policies on issues such as education, health, education and employment. There is no specific Commissioner for children and young people at the national level to promote and protect the full-range of childrens rights. Also, child protection laws are primarily state and territory laws and may not protect children from breaches of human rights by federal bodies. There are some existing protections for children and young people. For example, all states and territories have Commissioners or Guardians for children and young people that promote the best interests of children and young people in those places. Also, there are a variety of laws that protect children from abuse, neglect and violence. If you are a young person experiencing discrimination on the basis of their age, race, sex or disability, you can make a complaint to the 鱨վ, as well as state and territory anti-discrimination agencies. You can also make a complaint to the Commission if you think there has been a breach of your rights under the Convention on the Rights of the Child. This includes important rights such as the right to be detained only as a last resort. If the Commission finds a breach of the Convention, it can recommend a remedy. However, these recommendations are not enforceable, and you cannot apply to have your complaint heard in court. How could we improve human rights protections for children and young people? The 鱨վ supports a Human Rights Act for Australia. A Human Rights Act that includes the rights to adequate housing, health, education and social security could make a difference to the lives of children and young people in Australia. It would improve the policies, procedures and services that many children and young people encounter daily. It could help prevent human rights breaches from happening, and could provide ways of resolving those breaches that were not prevented. A Human Rights Act could make a difference in protecting and promoting the rights of children by requiring our government to carefully consider how decisions impact on human rights. If Australia had a Human Rights Act, it could: make the federal parliament consider how laws impact on human rights for example, whether Australias immigration detention laws breach the rights of children make the federal government respect human rights when developing policy for example, whether education policies ensure an equal right to education for all children in Australia no matter who they are or where they live make public servants respect human rights when making decisions and delivering services for example, a Centrelink official may have to take into account the best interests of the child before penalising a single parent for failure to meet the conditions of his or her benefits. PULL OUT BOX UK human rights act allows children visit their mother The United Kingdom has had a Human Rights Act since 1998. The British Institute of Human Rights tells the story of a woman with mental health problems who increasingly struggled following the death of her husband. She was placed in 24 hour supported care and her children were fostered. It was agreed that the children could visit their mother three times each week, but these visits were gradually reduced to one per week on the basis that the authority did not have enough staff to supervise the visits. Both the children and their mother were greatly distressed by this. The mothers advocate noticed that the local childrens services department was not present during a care programme approach meeting and that the childrens interests were not being properly represented. The mothers advocate invoked the childrens right to respect for family life and convinced the mental health team to invite childrens services to the next meeting. The three visits each week were restored as a result. From this point onwards, the manager of the childrens care team personally saw to it that each visit occurred. The mother and her children have remained very close and recently secured funding to enjoy an overseas holiday together. British Institute of Human Rights, The Human Rights Act Changing Lives (2nd ed, 2008), p 13. provide a range of enforceable remedies if a government authority breaches human rights for example, a juvenile detention facility may have to improve detention facilities to accommodate the special needs of children and young people. Over the long term, a Human Rights Act would be a powerful tool for fostering a stronger human rights culture in Australia by promoting greater understanding and respect among all people in Australia. In addition to a Human Rights Act, there is a range of other ways in which the human rights of children and young people could be better promoted and protected in Australia. For example: enhanced protection of human rights in the Australian Constitution stronger legal protections of the rights contained in the Convention on the Rights of the Child a National Commissioner for children and young people a National Human Rights Action plan, including a focus on the rights of children and young people a national public education program about human rights, including the rights of children and young people. These and other measures could make a positive difference to human rights protection. Where can I find more information about the human rights of children and young people? --their .hraXOB TUO LLUP XOB TUO LLUP Some of the major human rights problems faced by children and young people in Australia include: inadequate access to education particularly for children in rural and remote areas, Indigenous children, children with a disability, and children from diverse cultural, religious and linguistic backgroundsyouth homelessness 46% of people who are homeless in Australia are younger than 25 youth homelessness 46% of people who are homeless in Australia are younger than 25 Some of the major human rights problems faced by children and young people in Australia include: inadequate access to education particularly for children in rural and remote areas, Indigenous children, children with a disability, and children from diverse cultural, religious and linguistic backgrounds Some of the major human rights problems faced by children and young people in Australia include: inadequate access to education particularly for children in rural and remote areas, Indigenous children, children with a disability, and children from diverse cultural, religious and linguistic backgrounds Some of the major human rights problems faced by children and young people in Australia include: inadequate access to education particularly for children in rural and remote areas, Indigenous children, children with a disability, and children from diverse cultural, religious and linguistic backgrounds XOB TUO LLUP provide a range of enforceable remedies if a government authority breaches human rights for example, a juvenile detention facility may have to improve detention facilities to accommodate the special needs of children and young people. Over the long term, a Human Rights Act would be a powerful tool for fostering a stronger human rights culture in Australia by promoting greater understanding and respect among all people in Australia. . . . Over the long term, a Human Rights Act would be a powerful tool for fostering a stronger human rights culture in Australia by promoting greater understanding and respect among all people in Australia. . . Which human rights are relevant? Human rights are about everyone, and they are very important for children and young people. But children and young people are also entitled to special additional protections, as described in the UN Convention on the Rights of the Child. One of the main human rights protections for children is that the best interests of the child must be a primary consideration in all decisions and actions concerning children. The human rights and freedoms particularly relevant to children and young people in Australia include the right to: an adequate standard of living, including adequate food, clothing and housing the highest attainable standard of physical and mental health be safe and free from violence life education express their own views and have them taken into account be detained only as a last resort and for the shortest appropriate period of time and, if detained, to be treated humanely, with dignity and in a way that takes into account their age fair working conditions privacy. 鱨վ with a physical, intellectual or mental disability have a special right to enjoy a full and decent life, and have access to appropriate health care and education facilities. What are some of the human rights problems facing children and young people in Australia? Some of the major human rights problems faced by children and young people in Australia include: inadequate access to education particularly for children in rural and remote areas, Indigenous children, children with a disability, and children from diverse cultural, religious and linguistic backgrounds PULL OUT BOX Poor services for children with disabilities in rural areas 鱨վ with disabilities are particularly disadvantaged in isolated rural areas. Generally there is a lack of any services for these children, and when they are available there is a lack of continuity due to piecemeal funding. This makes it difficult to attract professional staff. To access services, parents have to travel very long distances over appalling roads with no public transport available. The cost in time and money is considerable. Parents also suffer the distress of knowing their child needs help and being unable to provide it. Human Rights and Equal Opportunity Commission, Education Access: National Inquiry into Remote and Rural Education (2000), p 9.Some of the major human rights problems faced by children and young people in Australia include: inadequate access to education particularly for children in rural and remote areas, Indigenous children, children with a disability, and children from diverse cultural, religious and linguistic backgrounds youth homelessness 46% of people who are homeless in Australia are younger than 25 over-representation of Indigenous children in the child protection system an Indigenous child is six times more likely to be in the child protection system than a non-Indigenous child immigration detention the long-term detention of child asylum -seekers in immigration detention centres, often in remote desert locations, has severely affected the mental health of many child detainees. Despite recent reforms, some children are still detained in closed immigration detention facilities limited opportunities for participation the views of children and young people are often inadequately represented in political and legal decisions which affect them child abuse and neglect in the last ten years there has been an increase in reporting to child protection systems. In 2006, 1,530 children died as a result of abuse or neglect poor conditions in juvenile detention facilities including overcrowding and some children being housed in adult facilities low youth wages employers are allowed to discriminate against young people in terms of pay. This means that a young person with the same skill level, and doing exactly the same task as another employee who is an adult, can legally be paid a different amount for that work restrictions on using public space in most states and territories, police have broad powers to move-on or detain people in public spaces. These powers disproportionately impact on young people, particularly Indigenous and homeless youth. PULL OUT BOX 鱨վ unfairly evicted from shopping centres We have heard numerous reports of young people being ejected or banned from shopping centres, often for spurious reasons which would not be applied to older people. Driving young people away from shopping centres interferes with rights such as freedom of association and of peaceful assembly and participation in leisure, recreation and cultural activities. It may also deny them access to services such as shops, banks, libraries and Centrelink offices. In our view, such practices are clearly discriminatory and should not be tolerated. Youth Justice Coalition, in a submission to the Human Rights and Equal Opportunity Commission, Age Matters?: a report on age discrimination (2000), p 9.What are the limitations of existing human rights protections for children and young people? There are limited human rights protections for children and young people at the moment. Federal politicians and public servants dont have to consider the rights of children and young people when developing and implementing new laws and policies on issues such as education, health, education and employment. There is no specific Commissioner for children and young people at the national level to promote and protect the full- range of childrens rights. Also, child protection laws are primarily state and territory laws and may not protect children from breaches of human rights by federal bodies. There are some existing protections for children and young people. For example, all states and territories have Commissioners or Guardians for children and young people that promote the best interests of children and young people in those places. Also, there are a variety of laws that protect children from abuse, neglect and violence. If you are a young person experiencing discrimination on the basis of their age, race, sex or disability, you can make a complaint to the 鱨վ, as well as state and territory anti-discrimination agencies. You can also make a complaint to the Commission if you think there has been a breach of your rights under the Convention on the Rights of the Child. This includes important rights such as the right to be detained only as a last resort. If the Commission finds a breach of the Convention, it can recommend a remedy. However, these recommendations are not enforceable, and you cannot apply to have your complaint heard in court. How could we improve human rights protections for children and young people? The 鱨վ supports a Human Rights Act for Australia. A Human Rights Act that includes the rights to adequate housing, health, education and social security could make a difference to the lives of children and young people in Australia. It would improve the policies, procedures and services that many children and young people encounter daily. It could help prevent human rights breaches from happening, and could provide ways of resolving those breaches that were not prevented. A Human Rights Act could make a difference in protecting and promoting the rights of children by requiring our government to carefully consider how decisions impact on human rights. If Australia had a Human Rights Act, it could: make the federal parliament consider how laws impact on human rights for example, whether Australias immigration detention laws breach the rights of children make the federal government respect human rights when developing policy for example, whether education policies ensure an equal right to education for all children in Australia no matter who they are or where they live make public servants respect human rights when making decisions and delivering services for example, a Centrelink official may have to take into account the best interests of the child before penalising a single parent for failure to meet the conditions of his or her benefits provide a range of enforceable remedies if a government authority breaches human rights for example, a juvenile detention facility may have to improve detention facilities to accommodate the special needs of children and young people. Over the long term, a Human Rights Act would be a powerful tool for fostering a stronger human rights culture in Australia by promoting greater understanding and respect among all people in Australia. . PULL OUT BOX UK hHuman rRights aAct allows children visit their mother The United Kingdom has had a Human Rights Act since 1998. The British Institute of Human Rights tells the story of a woman with mental health problems who increasingly struggled following the death of her husband. She was placed in 24 hour supported care and her children were fostered. It was agreed that the children could visit their mother three times each week, but these visits were gradually reduced to one per week on the basis that the authority did not have enough staff to supervise the visits. Both the children and their mother were greatly distressed by this. The mothers advocate noticed that the local childrens services department was not present during a care programme approach meeting and that the childrens interests were not being properly represented. The mothers advocate invoked the childrens right to respect for family life and convinced the mental health team to invite childrens services to the next meeting. The three visits each week were restored as a result. From this point onwards, the manager of the childrens care team personally saw to it that each visit occurred. The mother and her children have remained very close and recently secured funding to enjoy an overseas holiday together. British Institute of Human Rights, The Human Rights Act Changing Lives (2nd ed, 2008), p 13. provide a range of enforceable remedies if a government authority breaches human rights for example, a juvenile detention facility may have to improve detention facilities to accommodate the special needs of children and young people. Over the long term, a Human Rights Act would be a powerful tool for fostering a stronger human rights culture in Australia by promoting greater understanding and respect among all people in Australia. In addition to a Human Rights Act, there is a range of other ways in which the human rights of children and young people could be better promoted and protected in Australia. For example: enhanced protection of human rights in the Australian Constitution stronger legal protections of the rights contained in the Convention on the Rights of the Child a National Commissioner for children and young people a National Human Rights Action plan, including a focus on the rights of children and young people a national public education program about human rights, including the rights of children and young people. These and other measures could make a positive difference to human rights protection for children and young people. Where can I find more information about the human rights of children and young people? relevant p HYPERLINK "www.ncylc.org.au/" www.ncylc.org.au// www.ncylc.org.au HYPERLINK "http://www.ncylc.org.au" www.ncylc.org.au Which human rights are relevantwe talking about? Human rights are about everyone, and they are very important for children and young people. But children and young people are also entitled to special additional protections, as described in the UN Convention on the Rights of the Child. One of the main human rights protections for children is that the best interests of the child must be a primary consideration in all decisions and actions concerning children. The human rights and freedoms particularly relevant to children and young people in Australia include the right to: an adequate standard of living, including adequate food, clothing and housing the highest attainable standard of physical and mental health be safe and free from violence life education express their own views and have them taken into account be detained only as a last resort and for the shortest appropriate period of time and, if detained, to be treated humanely, with dignity and in a way that takes into account their age fair working conditions privacy. 鱨վ with a physical, intellectual or mental disability have a special right to enjoy a full and decent life, and have access to appropriate health care and education facilities. What are some of the human rights problems facing children and young people in Australia? Poor services for children with disabilities in rural areas 鱨վ with disabilities are particularly disadvantaged in isolated rural areas. Generally there is a lack of any services for these children, and when they are available there is a lack of continuity due to piecemeal funding. This makes it difficult to attract professional staff. To access services, parents have to travel very long distances over appalling roads with no public transport available. The cost in time and money is considerable. Parents also suffer the distress of knowing their child needs help and being unable to provide it. Human Rights and Equal Opportunity Commission, Education Access: National Inquiry into Remote and Rural Education (2000), p 9.Some of the major human rights problems faced by children and young people in Australia include: inadequate access to education particularly for children in rural and remote areas, Indigenous children, children with a disability, and children from diverse cultural, religious and linguistic backgrounds youth homelessness 46% of people who are homeless in Australia are younger than 25 over-representation of Indigenous children in the child protection system an Indigenous child is six times more likely to be in the child protection system than a non-Indigenous child immigration detention the long-term detention of child asylum seekers in immigration detention centres, often in remote desert locations, has severely affected the mental health of many child detainees. Despite recent reforms, some children are still detained in closed immigration detention facilities limited opportunities for participation the views of children and young people are often inadequately represented in political and legal decisions which affect them child abuse and neglect in the last ten years there has been an increase in reporting to child protection systems. In 2006, 1,530 children died as a result of abuse or neglect poor conditions in juvenile detention facilities including overcrowding and some children being housed in adult facilities low youth wages employers are allowed to discriminate against young people in terms of pay. This means that a young person with the same skill level, and doing exactly the same task as another employee who is an adult, can legally be paid a different amount for that work restrictions on using public space in most states and territories, police have broad powers to move-on or detain people in public spaces. These powers disproportionately impact on young people, particularly Indigenous and homeless youth. 鱨վ unfairly evicted from shopping centres We have heard numerous reports of young people being ejected or banned from shopping centres, often for spurious reasons which would not be applied to older people. Driving young people away from shopping centres interferes with rights such as freedom of association and of peaceful assembly and participation in leisure, recreation and cultural activities. It may also deny them access to services such as shops, banks, libraries and Centrelink offices. In our view, such practices are clearly discriminatory and should not be tolerated. Youth Justice Coalition, in a submission to the Human Rights and Equal Opportunity Commission, Age Matters?: a report on age discrimination (2000), p 9.What are the limitations of existing human rights protections for children and young people? There are limited human rights protections for children and young people at the moment. Federal politicians and public servants dont have to consider the rights of children and young people when developing and implementing new laws and policies on issues such as education, health, education and employment. There is no specific Commissioner for children and young people at the national level to promote and protect the full range of childrens rights. Also, child protection laws are primarily state and territory laws and may not protect children from breaches of human rights by federal bodies. There are some existing protections for children and young people. For example, all states and territories have Commissioners or Guardians for children and young people that promote the best interests of children and young people in those places. Also, there are a variety of laws that protect children from abuse, neglect and violence. If you are a young person experiencing discrimination on the basis of age, race, sex or disability, you can make a complaint to the 鱨վ, as well as state and territory anti-discrimination agencies. You can also make a complaint to the Commission if you think there has been a breach of your rights under the Convention on the Rights of the Child. This includes important rights such as the right to be detained only as a last resort. If the Commission finds a breach of the Convention, it can recommend a remedy. However, these recommendations are not enforceable, and you cannot apply to have your complaint heard in court. How could we improve human rights protections for children and young people? The 鱨վ supports a Human Rights Act for Australia. A Human Rights Act that includes the rights to adequate housing, health, education and social security could make a difference to the lives of children and young people in Australia. It would improve the policies, procedures and services that many children and young people encounter daily. It could help prevent human rights breaches from happening, and could provide ways of resolving those breaches that were not prevented. A Human Rights Act could make a difference in protecting and promoting the rights of children by requiring our government to carefully consider how decisions impact on human rights. If Australia had a Human Rights Act, it could: make the federal Pparliament consider how laws impact on human rights for example, whether Australias immigration detention laws breach the rights of children make the federal government respect human rights when developing policy for example, whether education policies ensure an equal right to education for all children in Australia no matter who they are or where they live make public servants respect human rights when making decisions and delivering services for example, a Centrelink official may have to take into account the best interests of the child before penalising a single parent for failure to meet the conditions of his or her benefits provide a range of enforceable remedies if a government authority breaches human rights for example, a juvenile detention facility may have to improve detention facilities to accommodate the special needs of children and young people. Over the long term, a Human Rights Act would be a powerful tool for fostering a stronger human rights culture in Australia by promoting greater understanding and respect among all people in Australia. UK Human Rights Act allows children visit their mother The United Kingdom has had a Human Rights Act since 1998. The British Institute of Human Rights tells the story of a woman with mental health problems who increasingly struggled following the death of her husband. She was placed in 24 hour supported care and her children were fostered. It was agreed that the children could visit their mother three times each week, but these visits were gradually reduced to one per week on the basis that the authority did not have enough staff to supervise the visits. Both the children and their mother were greatly distressed by this. The mothers advocate noticed that the local childrens services department was not present during a care programme approach meeting and that the childrens interests were not being properly represented. The mothers advocate invoked the childrens right to respect for family life and convinced the mental health team to invite childrens services to the next meeting. The three visits each week were restored as a result. From this point onwards, the manager of the childrens care team personally saw to it that each visit occurred. The mother and her children have remained very close and recently secured funding to enjoy an overseas holiday together. British Institute of Human Rights, The Human Rights Act Changing Lives (2nd ed, 2008), p 13. In addition to a Human Rights Act, there is a range of other ways in which the human rights of children and young people could be better promoted and protected in Australia. For example: enhanced protection of human rights in the Australian Constitution stronger legal protections of the rights contained in the Convention on the Rights of the Child a National Commissioner for children and young people a National Human Rights Action plan, including a focus on the rights of children and young people a national public education program about human rights, including the rights of children and young people. These and other measures could make a positive difference to human rights protection for children and young people. Where can I find more information about the human rights of children and young people? 鱨վ:  HYPERLINK "www.humanrights.gov.au/human_rights/children/index.html" www.humanrights.gov.au/human_rights/children/index.html National 鱨վs and Youth Law Centre:  HYPERLINK "http://www.ncylc.org.au" www.ncylc.org.au / Which human rights are we talking about? Human rights are about everyone, and they are very important for children and young people. But children and young people are also entitled to special additional protections, as described in the UN Convention on the Rights of the Child. One of the main human rights protections for children is that the best interests of the child must be a primary consideration in all decisions and actions concerning children. The human rights and freedoms particularly relevant to children and young people in Australia include the right to: an adequate standard of living, including adequate food, clothing and housing the highest attainable standard of physical and mental health be safe and free from violence life education express their own views and have them taken into account be detained only as a last resort and for the shortest appropriate period of time and, if detained, to be treated humanely, with dignity and in a way that takes into account their age fair working conditions privacy. 鱨վ with a physical, intellectual or mental disability have a special right to enjoy a full and decent life, and have access to appropriate health care and education facilities. What are some of the human rights problems facing children and young people in Australia? Poor services for children with disabilities in rural areas 鱨վ with disabilities are particularly disadvantaged in isolated rural areas. Generally there is a lack of any services for these children, and when they are available there is a lack of continuity due to piecemeal funding. This makes it difficult to attract professional staff. To access services, parents have to travel very long distances over appalling roads with no public transport available. The cost in time and money is considerable. Parents also suffer the distress of knowing their child needs help and being unable to provide it. Human Rights and Equal Opportunity Commission, Education Access: National Inquiry into Remote and Rural Education (2000), p 9.Some of the major human rights problems faced by children and young people in Australia include: inadequate access to education particularly for children in rural and remote areas, Indigenous children, children with a disability, and children from diverse cultural, religious and linguistic backgrounds youth homelessness 46% of people who are homeless in Australia are younger than 25 over-representation of Indigenous children in the child protection system an Indigenous child is six times more likely to be in the child protection system than a non-Indigenous child immigration detention the long-term detention of child asylum seekers in immigration detention centres, often in remote desert locations, has severely affected the mental health of many child detainees. Despite recent reforms, some children are still detained in closed immigration detention facilities limited opportunities for participation the views of children and young people are often inadequately represented in political and legal decisions which affect them child abuse and neglect in the last ten years there has been an increase in reporting to child protection systems. In 2006, 1,530 children died as a result of abuse or neglect poor conditions in juvenile detention facilities including overcrowding and some children being housed in adult facilities low youth wages employers are allowed to discriminate against young people in terms of pay. This means that a young person with the same skill level, and doing exactly the same task as another employee who is an adult, can legally be paid a different amount for that work restrictions on using public space in most states and territories, police have broad powers to move-on or detain people in public spaces. These powers disproportionately impact on young people, particularly Indigenous and homeless youth. 鱨վ unfairly evicted from shopping centres We have heard numerous reports of young people being ejected or banned from shopping centres, often for spurious reasons which would not be applied to older people. Driving young people away from shopping centres interferes with rights such as freedom of association and of peaceful assembly and participation in leisure, recreation and cultural activities. It may also deny them access to services such as shops, banks, libraries and Centrelink offices. In our view, such practices are clearly discriminatory and should not be tolerated. Youth Justice Coalition, in a submission to the Human Rights and Equal Opportunity Commission, Age Matters?: a report on age discrimination (2000), p 9.What are the limitations of existing human rights protections for children and young people? There are limited human rights protections for children and young people at the moment. Federal politicians and public servants dont have to consider the rights of children and young people when developing and implementing new laws and policies on issues such as education, health, education and employment. There is no specific Commissioner for children and young people at the national level to promote and protect the full range of childrens rights. Also, child protection laws are primarily state and territory laws and may not protect children from breaches of human rights by federal bodies. There are some existing protections for children and young people. For example, all states and territories have Commissioners or Guardians for children and young people that promote the best interests of children and young people in those places. Also, there are a variety of laws that protect children from abuse, neglect and violence. If you are a young person experiencing discrimination on the basis of age, race, sex or disability, you can make a complaint to the 鱨վ, as well as state and territory anti-discrimination agencies. You can also make a complaint to the Commission if you think there has been a breach of your rights under the Convention on the Rights of the Child. This includes important rights such as the right to be detained only as a last resort. If the Commission finds a breach of the Convention, it can recommend a remedy. However, these recommendations are not enforceable, and you cannot apply to have your complaint heard in court. How could we improve human rights protections for children and young people? The 鱨վ supports a Human Rights Act for Australia. A Human Rights Act that includes the rights to adequate housing, health, education and social security could make a difference to the lives of children and young people in Australia. It would improve the policies, procedures and services that many children and young people encounter daily. It could help prevent human rights breaches from happening, and could provide ways of resolving those breaches that were not prevented. A Human Rights Act could make a difference in protecting and promoting the rights of children by requiring our government to carefully consider how decisions impact on human rights. If Australia had a Human Rights Act, it could: make the federal Parliament consider how laws impact on human rights for example, whether Australias immigration detention laws breach the rights of children make the federal government respect human rights when developing policy for example, whether education policies ensure an equal right to education for all children in Australia no matter who they are or where they live make public servants respect human rights when making decisions and delivering services for example, a Centrelink official may have to take into account the best interests of the child before penalising a single parent for failure to meet the conditions of his or her benefits provide a range of enforceable remedies if a government authority breaches human rights for example, a juvenile detention facility may have to improve detention facilities to accommodate the special needs of children and young people. Over the long term, a Human Rights Act would be a powerful tool for fostering a stronger human rights culture in Australia by promoting greater understanding and respect among all people in Australia. UK Human Rights Act allows children visit their mother The United Kingdom has had a Human Rights Act since 1998. The British Institute of Human Rights tells the story of a woman with mental health problems who increasingly struggled following the death of her husband. She was placed in 24 hour supported care and her children were fostered. It was agreed that the children could visit their mother three times each week, but these visits were gradually reduced to one per week on the basis that the authority did not have enough staff to supervise the visits. Both the children and their mother were greatly distressed by this. The mothers advocate noticed that the local childrens services department was not present during a care programme approach meeting and that the childrens interests were not being properly represented. The mothers advocate invoked the childrens right to respect for family life and convinced the mental health team to invite childrens services to the next meeting. The three visits each week were restored as a result. From this point onwards, the manager of the childrens care team personally saw to it that each visit occurred. The mother and her children have remained very close and recently secured funding to enjoy an overseas holiday together. British Institute of Human Rights, The Human Rights Act Changing Lives (2nd ed, 2008), p 13. In addition to a Human Rights Act, there is a range of other ways in which the human rights of children and young people could be better promoted and protected in Australia. For example: enhanced protection of human rights in the Australian Constitution stronger legal protections of the rights contained in the Convention on the Rights of the Child a National Commissioner for children and young people a National Human Rights Action plan, including a focus on the rights of children and young people a national public education program about human rights, including the rights of children and young people. These and other measures could make a positive difference to human rights protection for children and young people. Where can I find more information about the human rights of children and young people? 鱨վ Lets Talk 鱨վ Rights, National Human Rights Consultation Toolkit, February 2009 鱨վ Lets Talk 鱨վ Rights, National Human Rights Consultation Toolkit, February 2009 鱨վ Lets Talk 鱨վ Rights, National Human Rights Consultation Toolkit, February 2009 鱨վ Lets Talk 鱨վ Rights, National Human Rights Consultation Toolkit, February 2009 鱨վ Lets Talk 鱨վ Rights, National Human Rights Consultation Toolkit, February 2009 鱨վ Lets Talk 鱨վ Rights, National Human Rights Consultation Toolkit, February 2009 鱨վ Lets Talk 鱨վ Rights, National Human Rights Consultation Toolkit, February 2009 鱨վ Lets Talk 鱨վ Rights, National Human Rights Consultation Toolkit, February 2009 鱨վ Lets Talk 鱨վ Rights, National Human Rights Consultation Toolkit, February 2009 鱨վ Lets Talk 鱨վ Rights, National Human Rights Consultation Toolkit, February 2009 鱨վ Lets Talk 鱨վ Rights, National Human Rights Consultation Toolkit, February 2009 鱨վ Lets Talk 鱨վ Rights, National Human Rights Consultation Toolkit, February 2009 鱨վ Lets Talk 鱨վ Rights, National Human Rights Consultation Toolkit, February 2009 Which human rights are we talking about? Human rights are about everyone, and they are very important for children and young people. But children and young people are also entitled to special additional protections, as described in the UN Convention on the Rights of the Child. One of the main human rights protections for children is that the best interests of the child must be a primary consideration in all decisions and actions concerning children. The human rights and freedoms particularly relevant to children and young people in Australia include the right to: an adequate standard of living, including adequate food, clothing and housing the highest attainable standard of physical and mental health be safe and free from violence life education express their own views and have them taken into account be detained only as a last resort and for the shortest appropriate period of time and, if detained, to be treated humanely, with dignity and in a way that takes into account their age fair working conditions privacy. 鱨վ with a physical, intellectual or mental disability have a special right to enjoy a full and decent life, and have access to appropriate health care and education facilities. What are some of the human rights problems facing children and young people in Australia? Poor services for children with disabilities in rural areas 鱨վ with disabilities are particularly disadvantaged in isolated rural areas. Generally there is a lack of any services for these children, and when they are available there is a lack of continuity due to piecemeal funding. This makes it difficult to attract professional staff. To access services, parents have to travel very long distances over appalling roads with no public transport available. The cost in time and money is considerable. Parents also suffer the distress of knowing their child needs help and being unable to provide it. Human Rights and Equal Opportunity Commission, Education Access: National Inquiry into Remote and Rural Education (2000), p 9.Some of the major human rights problems faced by children and young people in Australia include: inadequate access to education particularly for children in rural and remote areas, Indigenous children, children with a disability, and children from diverse cultural, religious and linguistic backgrounds youth homelessness 46% of people who are homeless in Australia are younger than 25 over-representation of Indigenous children in the child protection system an Indigenous child is six times more likely to be in the child protection system than a non-Indigenous child immigration detention the long-term detention of child asylum seekers in immigration detention centres, often in remote desert locations, has severely affected the mental health of many child detainees. Despite recent reforms, some children are still detained in closed immigration detention facilities limited opportunities for participation the views of children and young people are often inadequately represented in political and legal decisions which affect them child abuse and neglect in the last ten years there has been an increase in reporting to child protection systems. In 2006, 1,530 children died as a result of abuse or neglect poor conditions in juvenile detention facilities including overcrowding and some children being housed in adult facilities low youth wages employers are allowed to discriminate against young people in terms of pay. This means that a young person with the same skill level, and doing exactly the same task as another employee who is an adult, can legally be paid a different amount for that work restrictions on using public space in most states and territories, police have broad powers to move-on or detain people in public spaces. These powers disproportionately impact on young people, particularly Indigenous and homeless youth. 鱨վ unfairly evicted from shopping centres We have heard numerous reports of young people being ejected or banned from shopping centres, often for spurious reasons which would not be applied to older people. Driving young people away from shopping centres interferes with rights such as freedom of association and of peaceful assembly and participation in leisure, recreation and cultural activities. It may also deny them access to services such as shops, banks, libraries and Centrelink offices. In our view, such practices are clearly discriminatory and should not be tolerated. Youth Justice Coalition, in a submission to the Human Rights and Equal Opportunity Commission, Age Matters?: a report on age discrimination (2000), p 9.What are the limitations of existing human rights protections for children and young people? There are limited human rights protections for children and young people at the moment. Federal politicians and public servants dont have to consider the rights of children and young people when developing and implementing new laws and policies on issues such as education, health, education and employment. There is no specific Commissioner for children and young people at the national level to promote and protect the full range of childrens rights. Also, child protection laws are primarily state and territory laws and may not protect children from breaches of human rights by federal bodies. There are some existing protections for children and young people. For example, all states and territories have Commissioners or Guardians for children and young people that promote the best interests of children and young people in those places. Also, there are a variety of laws that protect children from abuse, neglect and violence. If you are a young person experiencing discrimination on the basis of age, race, sex or disability, you can make a complaint to the 鱨վ, as well as state and territory anti-discrimination agencies. You can also make a complaint to the Commission if you think there has been a breach of your rights under the Convention on the Rights of the Child. This includes important rights such as the right to be detained only as a last resort. If the Commission finds a breach of the Convention, it can recommend a remedy. However, these recommendations are not enforceable, and you cannot apply to have your complaint heard in court. How could we improve human rights protections for children and young people? The 鱨վ supports a Human Rights Act for Australia. A Human Rights Act that includes the rights to adequate housing, health, education and social security could make a difference to the lives of children and young people in Australia. It would improve the policies, procedures and services that many children and young people encounter daily. It could help prevent human rights breaches from happening, and could provide ways of resolving those breaches that were not prevented. A Human Rights Act could make a difference in protecting and promoting the rights of children by requiring our government to carefully consider how decisions impact on human rights. If Australia had a Human Rights Act, it could: make the federal Parliament consider how laws impact on human rights for example, whether Australias immigration detention laws breach the rights of children make the federal government respect human rights when developing policy for example, whether education policies ensure an equal right to education for all children in Australia no matter who they are or where they live make public servants respect human rights when making decisions and delivering services for example, a Centrelink official may have to take into account the best interests of the child before penalising a single parent for failure to meet the conditions of his or her benefits provide a range of enforceable remedies if a government authority breaches human rights for example, a juvenile detention facility may have to improve detention facilities to accommodate the special needs of children and young people. Over the long term, a Human Rights Act would be a powerful tool for fostering a stronger human rights culture in Australia by promoting greater understanding and respect among all people in Australia. UK Human Rights Act allows children visit their mother The United Kingdom has had a Human Rights Act since 1998. The British Institute of Human Rights tells the story of a woman with mental health problems who increasingly struggled following the death of her husband. She was placed in 24 hour supported care and her children were fostered. It was agreed that the children could visit their mother three times each week, but these visits were gradually reduced to one per week on the basis that the authority did not have enough staff to supervise the visits. Both the children and their mother were greatly distressed by this. The mothers advocate noticed that the local childrens services department was not present during a care programme approach meeting and that the childrens interests were not being properly represented. The mothers advocate invoked the childrens right to respect for family life and convinced the mental health team to invite childrens services to the next meeting. The three visits each week were restored as a result. From this point onwards, the manager of the childrens care team personally saw to it that each visit occurred. The mother and her children have remained very close and recently secured funding to enjoy an overseas holiday together. British Institute of Human Rights, The Human Rights Act Changing Lives (2nd ed, 2008), p 13. In addition to a Human Rights Act, there is a range of other ways in which the human rights of children and young people could be better promoted and protected in Australia. For example: enhanced protection of human rights in the Australian Constitution stronger legal protections of the rights contained in the Convention on the Rights of the Child a National Commissioner for children and young people a National Human Rights Action plan, including a focus on the rights of children and young people a national public education program about human rights, including the rights of children and young people. These and other measures could make a positive difference to human rights protection for children and young people. Where can I find more information about the human rights of children and young people? 鱨վ Lets Talk 鱨վ Rights, National Human Rights Consultation Toolkit, February 2009 There is no specific Commissioner for children and young people at the national level to promote and protect the full range of childrens rights.A Human Rights Act that includes the rights to adequate housing, health, education and social security could make a difference to the lives of children and young people in Australia. It would improve the policies, procedures and services that many children and young people encounter daily. It could help prevent human rights breaches from happening, and could provide ways of resolving those breaches that were not prevented. Human rights and children and young people This information sheet talks about some of the human rights issues faced by children and young people in Australia. It also highlights how a federal Human Rights Act could help deal with these issues. Which human rights are we talking about? Human rights are about everyone, and they are very important for children and young people. But children and young people are also entitled to special additional protections, as described in the UN Convention on the Rights of the Child. One of the main human rights protections for children is that the best interests of the child must be a primary consideration in all decisions and actions concerning children. The human rights and freedoms particularly relevant to children and young people in Australia include the right to: an adequate standard of living, including adequate food, clothing and housing the highest attainable standard of physical and mental health be safe and free from violence life education express their own views and have them taken into account be detained only as a last resort and for the shortest appropriate period of time and, if detained, to be treated humanely, with dignity and in a way that takes into account their age fair working conditions privacy. 鱨վ with a physical, intellectual or mental disability have a special right to enjoy a full and decent life, and have access to appropriate health care and education facilities. What are some of the human rights problems facing children and young people in Australia? Poor services for children with disabilities in rural areas 鱨վ with disabilities are particularly disadvantaged in isolated rural areas. Generally there is a lack of any services for these children, and when they are available there is a lack of continuity due to piecemeal funding. This makes it difficult to attract professional staff. To access services, parents have to travel very long distances over appalling roads with no public transport available. The cost in time and money is considerable. Parents also suffer the distress of knowing their child needs help and being unable to provide it. Human Rights and Equal Opportunity Commission, Education Access: National Inquiry into Remote and Rural Education (2000), p 9.Some of the major human rights problems faced by children and young people in Australia include: inadequate access to education particularly for children in rural and remote areas, Indigenous children, children with a disability, and children from diverse cultural, religious and linguistic backgrounds youth homelessness 46% of people who are homeless in Australia are younger than 25 over-representation of Indigenous children in the child protection system an Indigenous child is six times more likely to be in the child protection system than a non-Indigenous child immigration detention the long-term detention of child asylum seekers in immigration detention centres, often in remote desert locations, has severely affected the mental health of many child detainees. Despite recent reforms, some children are still detained in closed immigration detention facilities limited opportunities for participation the views of children and young people are often inadequately represented in political and legal decisions which affect them child abuse and neglect in the last ten years there has been an increase in reporting to child protection systems. In 2006, 1,530 children died as a result of abuse or neglect poor conditions in juvenile detention facilities including overcrowding and some children being housed in adult facilities low youth wages employers are allowed to discriminate against young people in terms of pay. This means that a young person with the same skill level, and doing exactly the same task as another employee who is an adult, can legally be paid a different amount for that work restrictions on using public space in most states and territories, police have broad powers to move-on or detain people in public spaces. These powers disproportionately impact on young people, particularly Indigenous and homeless youth. 鱨վ unfairly evicted from shopping centres We have heard numerous reports of young people being ejected or banned from shopping centres, often for spurious reasons which would not be applied to older people. Driving young people away from shopping centres interferes with rights such as freedom of association and of peaceful assembly and participation in leisure, recreation and cultural activities. It may also deny them access to services such as shops, banks, libraries and Centrelink offices. In our view, such practices are clearly discriminatory and should not be tolerated. Youth Justice Coalition, in a submission to the Human Rights and Equal Opportunity Commission, Age Matters?: a report on age discrimination (2000), p 9.What are the limitations of existing human rights protections for children and young people? There are limited human rights protections for children and young people at the moment. Federal politicians and public servants dont have to consider the rights of children and young people when developing and implementing new laws and policies on issues such as education, health, education and employment. There is no specific Commissioner for children and young people at the national level to promote and protect the full range of childrens rights. Also, child protection laws are primarily state and territory laws and may not protect children from breaches of human rights by federal bodies. There are some existing protections for children and young people. For example, all states and territories have Commissioners or Guardians for children and young people that promote the best interests of children and young people in those places. Also, there are a variety of laws that protect children from abuse, neglect and violence. If you are a young person experiencing discrimination on the basis of age, race, sex or disability, you can make a complaint to the 鱨վ, as well as state and territory anti-discrimination agencies. You can also make a complaint to the Commission if you think there has been a breach of your rights under the Convention on the Rights of the Child. This includes important rights such as the right to be detained only as a last resort. If the Commission finds a breach of the Convention, it can recommend a remedy. However, these recommendations are not enforceable, and you cannot apply to have your complaint heard in court. How could we improve human rights protections for children and young people? The 鱨վ supports a Human Rights Act for Australia. A Human Rights Act that includes the rights to adequate housing, health, education and social security could make a difference to the lives of children and young people in Australia. It would improve the policies, procedures and services that many children and young people encounter daily. It could help prevent human rights breaches from happening, and could provide ways of resolving those breaches that were not prevented. A Human Rights Act could make a difference in protecting and promoting the rights of children by requiring our government to carefully consider how decisions impact on human rights. If Australia had a Human Rights Act, it could: make the federal Parliament consider how laws impact on human rights for example, whether Australias immigration detention laws breach the rights of children make the federal government respect human rights when developing policy for example, whether education policies ensure an equal right to education for all children in Australia no matter who they are or where they live make public servants respect human rights when making decisions and delivering services for example, a Centrelink official may have to take into account the best interests of the child before penalising a single parent for failure to meet the conditions of his or her benefits provide a range of enforceable remedies if a government authority breaches human rights for example, a juvenile detention facility may have to improve detention facilities to accommodate the special needs of children and young people. Over the long term, a Human Rights Act would be a powerful tool for fostering a stronger human rights culture in Australia by promoting greater understanding and respect among all people in Australia. UK Human Rights Act allows children visit their mother The United Kingdom has had a Human Rights Act since 1998. The British Institute of Human Rights tells the story of a woman with mental health problems who increasingly struggled following the death of her husband. She was placed in 24 hour supported care and her children were fostered. It was agreed that the children could visit their mother three times each week, but these visits were gradually reduced to one per week on the basis that the authority did not have enough staff to supervise the visits. Both the children and their mother were greatly distressed by this. The mothers advocate noticed that the local childrens services department was not present during a care programme approach meeting and that the childrens interests were not being properly represented. The mothers advocate invoked the childrens right to respect for family life and convinced the mental health team to invite childrens services to the next meeting. The three visits each week were restored as a result. From this point onwards, the manager of the childrens care team personally saw to it that each visit occurred. The mother and her children have remained very close and recently secured funding to enjoy an overseas holiday together. British Institute of Human Rights, The Human Rights Act Changing Lives (2nd ed, 2008), p 13.In addition to a Human Rights Act, there is a range of other ways in which the human rights of children and young people could be better promoted and protected in Australia. For example: enhanced protection of human rights in the Australian Constitution stronger legal protections of the rights contained in the Convention on the Rights of the Child a National Commissioner for children and young people a National Human Rights Action plan, including a focus on the rights of children and young people a national public education program about human rights, including the rights of children and young people. These and other measures could make a positive difference to human rights protection for children and young people. Where can I find more information about the human rights of children and young people? 鱨վ:  HYPERLINK "www.humanrights.gov.au/human_rights/children/index.html" www.humanrights.gov.au/human_rights/children/index.html National 鱨վs and Youth Law Centre:  HYPERLINK "http://www.ncylc.org.au" www.ncylc.org.au  HYPERLINK "www.humanrights.gov.au/human_rights/children/index.html" www.humanrights.gov.au/human_rights/children/index.html National 鱨վs and Youth Law Centre:  HYPERLINK "http://www.ncylc.org.au" www.ncylc.org.au education, Which human rights are we talking about? Human rights are about everyone, and they are very important for children and young people. But children and young people are also entitled to special additional protections, as described in the UN Convention on the Rights of the Child. One of the main human rights protections for children is that the best interests of the child must be a primary consideration in all decisions and actions concerning children. The human rights and freedoms particularly relevant to children and young people in Australia include the right to: an adequate standard of living, including adequate food, clothing and housing the highest attainable standard of physical and mental health be safe and free from violence life education express their own views and have them taken into account be detained only as a last resort and for the shortest appropriate period of time and, if detained, to be treated humanely, with dignity and in a way that takes into account their age fair working conditions privacy. 鱨վ with a physical, intellectual or mental disability have a special right to enjoy a full and decent life, and have access to appropriate health care and education facilities. What are some of the human rights problems facing children and young people in Australia? Poor services for children with disabilities in rural areas 鱨վ with disabilities are particularly disadvantaged in isolated rural areas. Generally there is a lack of any services for these children, and when they are available there is a lack of continuity due to piecemeal funding. This makes it difficult to attract professional staff. To access services, parents have to travel very long distances over appalling roads with no public transport available. The cost in time and money is considerable. Parents also suffer the distress of knowing their child needs help and being unable to provide it. Human Rights and Equal Opportunity Commission, Education Access: National Inquiry into Remote and Rural Education (2000), p 9.Some of the major human rights problems faced by children and young people in Australia include: inadequate access to education particularly for children in rural and remote areas, Indigenous children, children with a disability, and children from diverse cultural, religious and linguistic backgrounds youth homelessness 46% of people who are homeless in Australia are younger than 25 over-representation of Indigenous children in the child protection system an Indigenous child is six times more likely to be in the child protection system than a non-Indigenous child immigration detention the long-term detention of child asylum seekers in immigration detention centres, often in remote desert locations, has severely affected the mental health of many child detainees. Despite recent reforms, some children are still detained in closed immigration detention facilities limited opportunities for participation the views of children and young people are often inadequately represented in political and legal decisions which affect them child abuse and neglect in the last ten years there has been an increase in reporting to child protection systems. In 2006, 1,530 children died as a result of abuse or neglect poor conditions in juvenile detention facilities including overcrowding and some children being housed in adult facilities low youth wages employers are allowed to discriminate against young people in terms of pay. This means that a young person with the same skill level, and doing exactly the same task as another employee who is an adult, can legally be paid a different amount for that work restrictions on using public space in most states and territories, police have broad powers to move-on or detain people in public spaces. These powers disproportionately impact on young people, particularly Indigenous and homeless youth. 鱨վ unfairly evicted from shopping centres We have heard numerous reports of young people being ejected or banned from shopping centres, often for spurious reasons which would not be applied to older people. Driving young people away from shopping centres interferes with rights such as freedom of association and of peaceful assembly and participation in leisure, recreation and cultural activities. It may also deny them access to services such as shops, banks, libraries and Centrelink offices. In our view, such practices are clearly discriminatory and should not be tolerated. Youth Justice Coalition, in a submission to the Human Rights and Equal Opportunity Commission, Age Matters?: a report on age discrimination (2000), p 9.What are the limitations of existing human rights protections for children and young people? There are limited human rights protections for children and young people at the moment. Federal politicians and public servants dont have to consider the rights of children and young people when developing and implementing new laws and policies on issues such as education, health, education and employment. There is no specific Commissioner for children and young people at the national level to promote and protect the full range of childrens rights. Also, child protection laws are primarily state and territory laws and may not protect children from breaches of human rights by federal bodies. There are some existing protections for children and young people. For example, all states and territories have Commissioners or Guardians for children and young people that promote the best interests of children and young people in those places. Also, there are a variety of laws that protect children from abuse, neglect and violence. If you are a young person experiencing discrimination on the basis of age, race, sex or disability, you can make a complaint to the 鱨վ, as well as state and territory anti-discrimination agencies. You can also make a complaint to the Commission if you think there has been a breach of your rights under the Convention on the Rights of the Child. This includes important rights such as the right to be detained only as a last resort. If the Commission finds a breach of the Convention, it can recommend a remedy. However, these recommendations are not enforceable, and you cannot apply to have your complaint heard in court. How could we improve human rights protections for children and young people? The 鱨վ supports a Human Rights Act for Australia. A Human Rights Act that includes the rights to adequate housing, health, education and social security could make a difference to the lives of children and young people in Australia. It would improve the policies, procedures and services that many children and young people encounter daily. It could help prevent human rights breaches from happening, and could provide ways of resolving those breaches that were not prevented. A Human Rights Act could make a difference in protecting and promoting the rights of children by requiring our government to carefully consider how decisions impact on human rights. If Australia had a Human Rights Act, it could: make the federal Parliament consider how laws impact on human rights for example, whether Australias immigration detention laws breach the rights of children make the federal government respect human rights when developing policy for example, whether education policies ensure an equal right to education for all children in Australia no matter who they are or where they live make public servants respect human rights when making decisions and delivering services for example, a Centrelink official may have to take into account the best interests of the child before penalising a single parent for failure to meet the conditions of his or her benefits provide a range of enforceable remedies if a government authority breaches human rights for example, a juvenile detention facility may have to improve detention facilities to accommodate the special needs of children and young people. Over the long term, a Human Rights Act would be a powerful tool for fostering a stronger human rights culture in Australia by promoting greater understanding and respect among all people in Australia. UK Human Rights Act allows children to visit their mother The United Kingdom has had a Human Rights Act since 1998. The British Institute of Human Rights tells the story of a woman with mental health problems who increasingly struggled following the death of her husband. She was placed in 24 hour supported care and her children were fostered. It was agreed that the children could visit their mother three times each week, but these visits were gradually reduced to one per week on the basis that the authority did not have enough staff to supervise the visits. Both the children and their mother were greatly distressed by this. The mothers advocate noticed that the local childrens services department was not present during a care programme approach meeting and that the childrens interests were not being properly represented. The mothers advocate invoked the childrens right to respect for family life and convinced the mental health team to invite childrens services to the next meeting. The three visits each week were restored as a result. From this point onwards, the manager of the childrens care team personally saw to it that each visit occurred. The mother and her children have remained very close and recently secured funding to enjoy an overseas holiday together. British Institute of Human Rights, The Human Rights Act Changing Lives (2nd ed, 2008), p 13.In addition to a Human Rights Act, there is a range of other ways in which the human rights of children and young people could be better promoted and protected in Australia. For example: enhanced protection of human rights in the Australian Constitution stronger legal protections of the rights contained in the Convention on the Rights of the Child a National Commissioner for children and young people a National Human Rights Action plan, including a focus on the rights of children and young people a national public education program about human rights, including the rights of children and young people. These and other measures could make a positive difference to human rights protection for children and young people. Where can I find more information about the human rights of children and young people? Why is PIAC here? 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