Highlights
- All children are protected by the UN Convention on the Rights of the Child
- Australian mandatory reporting laws require suspected child abuse to be reported
- Australian law protects children against entering the workforce too young
- The UN has called for Australia to raise the age of criminal responsibility from 10 to at least 14
Nearly every country in the world, including Australia, has committed to the UN Convention on the Rights of the Child, making it the most widely supported human rights treaty.
Children's rights in the Convention include:
- the right to be treated fairly
- the right to have a say about decisions affecting them
- the right to live and grow up healthy
- the right to be safe no matter where they are
- the right to an education
- the right to play and have fun
The right to grow up healthy
Paula Gerber is a professor in the Law Faculty at Monash University with expertise in international human rights law, focussing on children's rights.
She says all children, as soon as they are born, are entitled to our national healthcare system.
"But obviously the primary responsibility for keeping children well, getting them to the doctor and getting their vaccinations falls on the parents first," she says.
Child healthcare Source: Getty Images/Fly View Productions
The right to be safe
Children have the right to be safe no matter where they are.
Mandatory reporting laws, which vary between Australian jurisdictions, require specified people to report suspected abuse to child protection services.
This applies in instances of physical, sexual and emotional abuse, neglect and exposure to family violence, explains Prof Gerber.
"Children have a right to be safe, and the law imposes what's called ‘mandatory reporting obligations’ on a number of different professionals. If they have reason to believe that a child is being subjected to violence, abuse or even neglect, then they must report that to child protection services, which falls within the government’s Department of Human Services," says Prof Gerber.
The sort of people who have mandatory reporting obligations are doctors, nurses, teachers, police and even people who work in religious organisations.
The right to get an education
In Australia, school is mandatory for children between the ages of six and 17.
It falls on both parents and schools to ensure that children attend school. The school principal is expected to follow up on unexplained absences that amount to more than five days in a year.
Children may be home-schooled by their parents, but they must apply for a permit and report regularly to the Department of Education.
Source: Getty Images/JohnnyGreig
Child labour
Australian children cannot undertake paid employment under a certain age, said Professor Gerber.
We have very clear laws about children being used in a work environment, and the law says that the age at which a child can enter into labour practices is 15 years old.
"There are certain exceptions like delivering newspapers or working in the entertainment sector," says Prof Gerber.
Children between 15 and 18 cannot work more than three hours per day or 12 hours per week during school term.
During school holidays it's up to six hours per day or 30 hours per week.
Child marriage
Eighteen is the age at which people can legally marry in Australia.
"We have very strict laws about child marriage in Australia," says Prof Gerber.
"There are criminal penalties up to nine years if a child is forced into a marriage or a marriage-like arrangement. That's up to nine years’ imprisonment, and up to 25 years' imprisonment if a child is taken out of the country for the purpose of marriage."
States and territories differ
Dr Faith Gordon is an Associate Professor and Deputy Associate Dean of Research at the Australian National University's College of Law.
"Unfortunately, we don't have the UN Convention on the Rights of the Child embedded in our domestic legislative framework in Australia, nor do we have a national strategy for children and young people," says Dr Gordon.
"The states and territories have different pieces of legislation in relation to child protection and youth justice, so we have quite a patchwork quilt of legislation and frameworks that apply to children and young people throughout Australia."
Prof Gerber agrees that Australia needs more explicit laws that set out the rights of children.
Source: Getty Images/franckreporter
"There's a convention on the rights of the child, but there isn't a Children's Rights Act in Australia, so it's a very piecemeal approach to Australia implementing this very important international treaty on children's rights."
Age of criminal responsibility
In Australia, a child as young as 10 can be arrested and jailed.
The UN has called for Australia to raise the age to at least 14.
"Research shows that children and young people's brains are developing until the age of 25," says Prof Gordon.
"Holding a child responsible criminally at the age of 10 is not appropriate," she said. "There is a lot of support from activists, lawyers and young people to raise the minimum age of criminal responsibility."
Young children hold up the Aboriginal flag during a rally against Black Deaths in Custody in The Domain in July 2020 in Sydney. Source: Don Arnold/Getty Images
Aboriginal youth in detention
Overrepresentation of Aboriginal youth in the youth justice system is a major issue, says Prof Gerber.
"Aboriginal young people aged between 10 and 17 make up 6 per cent of the population, but if you look at youth detention centres, they make up 56 per cent of the population."
Court diversion programs work well, but more resources are needed, Prof Gerber says.
Resourcing and support
Prof Gordon says young people and families often lack resources.
"Many children in the justice system have actually been victims, yet they haven't received adequate support mechanisms in their community. Instead, they are brought into the criminal justice system which really exacerbates many of their issues."
Finding help
"Australia has a very vibrant community legal sector," says Prof Gordon.
"Community legal centres offer free legal advice, depending on your income."
Also available are Aboriginal legal centres, and a legal aid system through which people can apply for funding while engaged with the criminal justice system.
