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)

3 _____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!

4 _____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)

5 _____13 Loss of citizenship_____13 Indigenous children and young people RIGHTS ALERT!_____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)

6 _____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)_____36 Food, nutrition and infant health _____36 Injury prevention and control _____36 Indigenous children - RIGHTS ALERT!

7 _____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)_____44 Children in poverty and financial hardship in Australia_____45 Government assistance to families_____45 Government assistance to young people RIGHTS ALERT!

8 _____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.

9 INCLUDING VOCATIONAL TRAINING AND GUIDANCE (Articles 28 AND 29)_____51 Indigenous Education RIGHTS ALERT!_____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

10 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)_____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)