ON THE IMPLEMENTATION OF THE UNITED …

1 May 2005 rights OF THE child THE NON-GOVERNMENT REPORT ON THE IMPLEMENTATION OF THE UNITED nations convention ON THE The Non-government Report on the IMPLEMENTATION of the UNITED nations convention on the rights of the child in Australia | i rights OF THE child THE NON-GOVERNMENT REPORT ON THE IMPLEMENTATION OF THE UNITED nations convention ON THE May 2005ii | The Non-government Report on the IMPLEMENTATION of the UNITED nations convention on the rights of the child in AustraliaThe Non-government Report on the IMPLEMENTATION of the UNITED nations convention on the rights of the child in Australia | iii ACKNOWLEDGEMENTS_____ixABOUT NCYLC AND DCI AUSTRALIA_____xiSUMMARY_____xiiRECOMMEND ATIONS_____xivTheme I - General Measures Of Implementation_____xivTheme II Definition Of The child (Article 1)_____xivTheme III General Principles_____xivTheme IV - Civil rights And Freedoms_____xvTheme V - Family Environment And Alternative Care_____xviiTheme VI Basic Health And Welfare_____xviiiTheme VII - Education, Leisure And Cultural Activities_____xxiTheme VIII - Special Protection Measures_____xxiHOW THIS REPORT WAS WRITTEN_____XXIVUNICEF Australia Taskforce on child Rights_____xxivDecision to prepare a separate Non-government Report_____xxivConsultation Process What s up CROC?

2 _____xxivSubmissions_____xxivNational Steering Committee_____xxivNational Advisory Group_____xxvYouth Participation_____xxvLimitations_____xxv Writing the Report_____xxvStructure of this ReportFor ease of cross-referencing, this report adopts the structure and heading style of the Australian Government s Combined Second and Third | The Non-government Report on the IMPLEMENTATION of the UNITED nations convention on the rights of the child in AustraliaThe Non-government Report on the IMPLEMENTATION of the UNITED nations convention on the rights of the child in Australia | iii THEME I GENERAL MEASURES OF IMPLEMENTATION OF THE PROVISIONS OF THE CONVENTION_____1A IMPLEMENTATION OF THE rights OF THE child (Article 4)_____1 Coordination of policies and monitoring mechanisms for children_____1 Children s Commissions - the call for a National Commissioner for Children and Young People_____2 International aid_____3B MAKING THE PRINCIPLES AND PROVISIONS OF THE convention WIDELY KNOWN (Article 42)_____3 National Committee on Human rights Education_____3 Websites for youth _____3 Human rights and Equal Opportunity Commission (HREOC)_____3 Children s Commissions_____3 Other initiatives mentioned in the Government s Report_____4C MAKING THE REPORT WIDELY AVAILABLE (Article 44)_____4 THEME II DEFINITION OF THE child (ARTICLE 1)_____6B DEPRIVATION OF LIBERTY AND IMPRISONMENT_____6 THEME III GENERAL PRINCIPLES_____7A PRINCIPLE OF NON-DISCRIMINATION (Article 2)_____7 The persistence of discrimination in Australia_____7 Non-discrimination and equality: the situation of Indigenous children in Australia rights ALERT!

3 _____7 Age of consent_____8 Action against racial and religious discrimination _____8B PRINCIPLE OF BEST INTERESTS OF THE child (Article 3) _____8C RIGHT TO LIFE, SURVIVAL AND DEVELOPMENT (Article 6)_____8D RESPECT FOR THE VIEWS OF THE child (Article 12) _____8 Participation by children in government processes_____9 Children s and Young People s Commissions _____10 Participation in care and protection decision-making_____10 Participation in school decision-making_____10 Children and the legal system - family law proceedings_____11 child representatives _____11 Children and the right to vote_____12iv | The Non-government Report on the IMPLEMENTATION of the UNITED nations convention on the rights of the child in AustraliaThe Non-government Report on the IMPLEMENTATION of the UNITED nations convention on the rights of the child in Australia | v THEME IV CIVIL rights AND FREEDOMS_____13B PRESERVATION OF IDENTITY (Article 8)_____13 Loss of citizenship_____13 Indigenous children and young people rights ALERT!

4 _____13 Donor conception_____14C FREEDOM OF EXPRESSION (Article 13)_____15D FREEDOM OF ASSOCIATION AND PEACEFUL ASSEMBLY (Article 15)_____15 Public space and Move-on powers_____16 Police power to search, seize and remove_____18 Anti-terrorism legislation_____18E PROTECTION OF PRIVACY (Article 16)_____19 Naming orders_____19G THE RIGHT NOT TO BE SUBJECTED TO TORTURE OR OTHER CRUEL, INHUMAN OR DEGRADING TREATMENT OR PUNISHMENT (Article 37(A))_____20 Female genital mutilation_____20 Corporal punishment_____20 Children and young people in juvenile justice detention_____21 School bullying_____22 Sterilisation of children and young people with disability_____24 THEME V FAMILY ENVIRONMENT AND ALTERNATIVE CARE_____25A PARENTAL GUIDANCE (Article 5) and _____25B PARENTAL RESPONSIBILITIES (Article 18)_____25 Paid maternity leave_____25 child care_____25 Sustainable and coherent family support services_____25C SEPARATION FROM PARENTS (Article 9)_____26D FAMILY REUNIFICATION (Article 10)_____28F CHILDREN DEPRIVED OF THEIR FAMILY ENVIRONMENT (Article 20)_____26 Over-representation of Indigenous children in out-of-home care _____27 Aboriginal child Placement Principle_____27 Continuing government responsibility after care _____28 Children of prisoners _____28iv | The Non-government Report on the IMPLEMENTATION of the UNITED nations convention on the rights of the child in AustraliaThe Non-government Report on the IMPLEMENTATION of the UNITED nations convention on the rights of the child in Australia | v G ADOPTION _____29I ABUSE AND NEGLECT (Article 19) INCLUDING RECOVERY AND REINTEGRATION (Article 39)_____29 The special case of Indigenous children _____29 Domestic violence _____30J PERIODIC REVIEW OF PLACEMENT_____33 THEME VI BASIC HEALTH AND WELFARE_____36A THE RIGHT TO LIFE, SURVIVAL AND DEVELOPMENT (Article 6)

5 _____36 Food, nutrition and infant health _____36 Injury prevention and control _____36 Indigenous children - rights ALERT!_____36 Children in rural and remote areas and other disadvantaged children _____39 Youth suicide _____39 Refugee children in immigration detention_____39 Children and adolescents in juvenile justice detention _____40B CHILDREN WITH DISABILITIES (Article 23)_____40A comprehensive and unified approach to disability data collection _____40 Funds for supports, services, aids, equipment and technical assistance _____41 Education, training and employment_____41 Separation from parents_____41C HEALTH AND HEALTH SERVICES (Article 24)_____42 Provision of medical assistance _____42 Confidentiality and age of consent to medical treatment_____42 Growing socio-economic inequalities _____42 Degradation of the Pharmaceutical Benefits Scheme (PBS)_____42 Indigenous children _____42 Mental health_____42 International cooperation and the health needs of developing countries_____44D THE RIGHT TO BENEFIT FROM SOCIAL SECURITY (Article 27)

6 _____44 Children in poverty and financial hardship in Australia_____45 Government assistance to families_____45 Government assistance to young people rights ALERT!_____45 Social Security breaches _____46 Residence issues_____46vi | The Non-government Report on the IMPLEMENTATION of the UNITED nations convention on the rights of the child in AustraliaThe Non-government Report on the IMPLEMENTATION of the UNITED nations convention on the rights of the child in Australia | vii E THE RIGHT TO AN ADEQUATE STANDARD OF LIVING (Article 27)_____47 Youth homelessness_____47 The absence of a national child -focused response to homelessness_____47A shortage of crisis accommodation for homeless children and families_____48 Inappropriate service response to unaccompanied homeless children under 16_____48A lack of support for children with high and complex needs _____48 The experiences of homeless Indigenous children_____49A poor response from the Social Security System _____49 Disengagement from school and community_____49 The overarching issue a lack of resources_____50 The need for coordinated support services and socio-economic policy_____50 THEME VII EDUCATION, LEISURE AND CULTURAL ACTIVITIES_____51A EDUCATION, INCLUDING VOCATIONAL TRAINING AND GUIDANCE (Articles 28 AND 29)_____51 Indigenous Education rights ALERT!

7 _____51 Attendance_____51 Retention rates _____52 Suspensions_____52 Children with disabilities_____53 Children at risk_____54B AIMS OF EDUCATION (Article 29)_____54 School discipline_____54 Government schools_____54 Non-government schools_____55C LEISURE, RECREATION AND CULTURAL ACTIVITIES_____55 Importance of sport, recreation and play _____55 Australia s commitment _____56D CHILDREN S PARTICIPATION IN SPORT, CULTURE AND LEISURE _____56 THEME VIII SPECIAL PROTECTION MEASURES_____57A CHILDREN IN SITUATIONS OF EMERGENCY_____57 Refugee children (Article 22) rights ALERT!_____57 Refugee protection_____57 Placement of children in detention_____58 Treatment of children in detention_____58 Alternative detention arrangements and the family environment_____59 Best interests of the child_____59vi | The Non-government Report on the IMPLEMENTATION of the UNITED nations convention on the rights of the child in AustraliaThe Non-government Report on the IMPLEMENTATION of the UNITED nations convention on the rights of the child in Australia | vii B CHILDREN AND THE ADMINISTRATION OF JUVENILE JUSTICE_____60 Indigenous children and juvenile justice_____60 Diversion schemes_____60 Children and young people with disability and juvenile justice_____61 Kariong Juvenile Justice Centre in New South Wales_____62 Northern Territory and juvenile justice_____62 Fines _____62C CHILDREN IN SITUATIONS OF EXPLOITATION, INCLUDING RECOVERY AND SOCIAL REINTEGRATION (Article 39)_____63 Economic exploitation, including child labour (Article 32)

8 _____63 Sexual exploitation and sexual abuse (Article 34)_____65D CHILDREN BELONGING TO A MINORITY OR INDIGENOUS GROUP (Article 30)_____65viii | The Non-government Report on the IMPLEMENTATION of the UNITED nations convention on the rights of the child in AustraliaThe Non-government Report on the IMPLEMENTATION of the UNITED nations convention on the rights of the child in Australia | ix viii | The Non-government Report on the IMPLEMENTATION of the UNITED nations convention on the rights of the child in AustraliaThe Non-government Report on the IMPLEMENTATION of the UNITED nations convention on the rights of the child in Australia | ix ACKNOWLEDGEMENTSThe National Children s and Youth Law Centre and Defence for Children International (Australia) wish to acknowledge the many individuals and agencies who have been involved in the preparation of this and agencies who contributed, drafted, reviewed and provided comments for the consultation materials and report (in alphabetical order):Michael Antrum, Jenny Bargen, Kristy Bagnall, Judith Bessant, Judy Cashmore, Richard Chisholm, Melissa Coad, Eva Cox, the Hon.

9 Malcolm Fraser, Louise Goodchild, Owen Jessep, Carolyn Jones, Terri Libesman, Gwynnyth Llewellyn, Robert Ludbrook, James McDougall, Louise Pounder, Katie Price, Simon Quilty, Barbara Rogalla, Danny Sandor, Neisha Shepherd, Tony Vinson, Rob White, Stephen Yates. The contribution of Louise Goodchild in coordinating the process and managing the report drafting process was particularly valuable. UNICEF provided financial support for the development, printing and presentation of this : Domestic Violence Clearing House, Disability Discrimination Legal Centre (New South Wales), Welfare rights Centre (New South Wales), Immigration Advice and rights Centre, Refugee Advice and Casework Service, Secretariat of the National Association Indigenous child Care and Australian Federation of Homelessness Organisations (AFHO), Youth Accommodation Association New South Wales (YAA), Federation of Ethnic Communities Council Australia, Youth Affairs Council of Steering CommitteeNaomi Brown, Youthlaw (Victoria); Kelly Bunyon, Children s and Youth Legal Service (South Australia); Judy Cashmore, Defence for Children International (Australia) (National); Cheryl Cassidy-Vernon, Youth Legal Service (Western Australia); Louise Goodchild, National Children s and Youth Law Centre (National); Gabrielle McKinnon, Marrickville Legal Centre (New South Wales).

10 Louise Paulsen, Logan Youth Legal Service (Queensland); Sue Pellegrino, Youth Coalition of the Australian Capital Territory (Australian Capital Territory); Annie Pettitt, Public Interest Advocacy Centre (National); Sara, Alice Springs Youth Accommodation Support Service (Northern Territory); Dave Willans, Youth Network of Tasmania).National Advisory Group Richard Chisholm, Eva Cox, Julian Disney, Justice Marcus Einfeld, the Hon. Malcolm Fraser, Carolyn Hardy, Robyn Layton, Cameron Murphy, Gwenn Murray, Cleonie Quayle, Moira Rayner, Margaret Reynolds, Father Chris Riley, Ann (in alphabetical order): n Patmalar Ambikapathy (Previous Commissioner for Children Tasmania) n Australian Domestic and Family Violence Clearinghousen Arthur Cheng n child rights Working Group under the auspices of the Australian Council for International Development comprised of representatives from the Australian Council for International Development, Amnesty International Australia, Baptist World Aid, CCF Australia, child Wise, Christian Blind Mission International, Oxfam CAA, Plan Australia, Save the Children, TEAR, UNICEF.