MEDIA RELEASE
The Parliamentary Joint Committee on Human Rights has released its Inquiry into Australia’s Human Rights Framework report, and there is one clear recommendation – the Federal Government need to introduce an Australian Human Rights Act.
Alongside 335 other submissions, the National Centre for Action on Child Sexual Abuse (the National Centre) made a submission to the Inquiry on 30 June 2023. We supported the development of a National Human Rights Framework and the enactment of a federal Human Rights Act in Australia.
We argued that there is a need for a stronger human rights approach in Australia and one that has a child rights focus. The focus of our submission was to identify issues and gaps, highlight potential reform, ensure a child rights perspective and a targeted response, and give children voice and power.
The National Centre was referred to in the report, which stated: “The National Centre for Action on Child Sexual Abuse argued that a sub-committee on children’s human rights should be established as part of the committee, saying that this could play an ongoing role in scrutinising federal legislation and preparing statements of compatibility focused on child rights, ensuring that the parliamentary scrutiny of legislation is appropriately informed by expertise on children’s human rights.”
CEO of the National Centre, Dr Leanne Beagley said on the report, “Australia is the only liberal democracy not to have a national Act or Charter of human rights protection and there is currently no overarching legal duty to consider the best interests of children in decision-making in Australian law. This means, the right to be free from sexual abuse is not available for all Australian children – this is a national shame and reform is long overdue.”
“We welcome the Committee’s report and look forward to continuing to support a national conversation on child rights.”
In particular, the National Centre supports the following recommendations:
- Children and young people should be included in the participation process of the Human Rights Act. This includes Recommendation 4 to consult with children’s groups in relation to access to justice.
- Further parliamentary scrutiny of human rights implications and associated funding must be resourced, including addressing child rights in statements of compatibility in line with Recommendation 1.
- Recommendations 1, 11 and 17 seek to address monitoring progress, impact and action on human rights.
- Continuing dialogue with NGOs in line with Recommendation 17.
We also acknowledge that disappointingly, the Committee did not:
- Include all rights in the United Nations’ Convention on the Rights of the Child (CRC), in the HRA. Rather, the CRC will be an interpretive text underpinned by the principles of “best interest of the child” and “right to be heard”.
- Expressly state it will take a child rights perspective, but rather made generalised assertions to human rights.
- Refer to intersectionality, and therefore does not consider the compounding effects of discrimination.
- Approve a trauma and healing informed approach, despite the CRC referring to wellbeing of children as important.
“Whilst we recognise that the Committee has referred to the wellbeing of children as being important, we know such statements and general commitments will not be enough to drive focus on the rights of children to be safe and heard, believed and healed. An approach that is explicitly trauma-responsive and healing focused is critical to addressing the child sexual abuse emergency in Australia.” Dr Leanne Beagley said.