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Justice Matrix · Case profile

UN Committee on the Rights of the Child Report on Australia (2019)

Australia (National)UN Committee on the Rights of the Child2019
AdverseHigh precedent
Strategic issue

What was at stake

International review of Australia's youth justice

Facts

What happened

Australia's fifth and sixth periodic reports were reviewed by the UN Committee on the Rights of the Child in 2019. The review examined conditions facing children in Australia's youth justice system, including Aboriginal and Torres Strait Islander children who were found to be incarcerated at approximately 26 times the rate of non-Indigenous children. Children as young as 10 were subject to criminal prosecution under Australia's minimum age of criminal responsibility. Children were held in solitary confinement and, in some jurisdictions, detained in adult correctional facilities. The Committee also examined conditions for children in immigration detention.

Key holding

What the court decided

Committee found Australia in violation of CRC due to age of criminal responsibility (10), Aboriginal overrepresentation (26x), use of solitary confinement, and children in adult facilities.

Authorities

Statutes and cases cited

Statutes & treaties
  • § Convention on the Rights of the Child
  • § Convention on the Rights of the Child art. 37
  • § Convention on the Rights of the Child art. 40
Issue areas

Categories

crchuman-rightsinternational-lawun
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