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Children's Rights Report 2017 Children’s Rights Report 2017 NATIONAL CHILDREN’S COMMISSIONER © Australian Human Rights Commission 2017. The Australian Human Rights Commission encourages the dissemination and exchange of information presented in this publication and endorses the use of the Australian Governments Open Access and Licensing Framework (AusGOAL). All material presented in this publication is licensed under the Creative Commons Attribution 4.0 International Licence, with the exception of: • photographs and images; • the Commission’s logo, any branding or trademarks; • where otherwise indicated. To view a copy of this licence, visit http://creativecommons.org/licenses/by/4.0/legalcode. In essence, you are free to copy, communicate and adapt the publication, as long as you attribute the Australian Human Rights Commission and abide by the other licence terms. Please give attribution to: © Australian Human Rights Commission 2017. Children’s Rights Report 2017 ISSN 2203-0948 (Print) ISSN 2204-1176 (Online) Acknowledgments The Children’s Rights Report 2017 was drafted by Megan Mitchell, Meagan Lee, Clare Patterson, Lisa Townshend, Hwei-See Kay and Eleanor Holden. The National Children’s Commissioner thanks the following staff of the Australian Human Rights Commission: Padma Raman, Darren Dick, Helen Potts, Susan Newell, Rose Lilley, Georgia Flynn, Dominic O’Grady and Leon Wild. The National Children’s Commissioner also thanks interns Sophie Norman, Jennie Stephenson and Virginia Mapedzahama. We would also like to thank King and Wood Mallesons and DLA Piper. This publication can be found in electronic format on the Australian Human Rights Commission’s website at http://www.humanrights.gov.au/about/publications/. For further information about the Australian Human Rights Commission or copyright in this publication, please contact: Communications Unit Australian Human Rights Commission GPO Box 5218 SYDNEY NSW 2001 Telephone: (02) 9284 9600 Email: [email protected]. Design and layout: Dancingirl Designs Printing: Centrum Front Cover: Provided by yourtown Young Parents Program Back Cover: Provided by Lismore CCCares, Social Futures 5 December 2017 Senator the Hon George Brandis QC Attorney-General Parliament House CANBERRA ACT 2600 Dear Attorney Children’s Rights Report 2017 I am pleased to present to you the Children’s Rights Report 2017, in accordance with section 46MB of the Australian Human Rights Commission Act 1986 (Cth) (the Act). The Act provides that I may submit reports relating to the enjoyment and exercise of human rights by children in Australia as I consider appropriate. This report covers the work I have undertaken between 1 July 2016 and 30 September 2017. Chapter 1 reports on the work I have undertaken throughout the past year to promote discussion and awareness of matters relating to the human rights of children and young people in Australia. It also discusses the progress of the recommendations that I have made in previous Children’s Rights Reports since 2013. Chapter 2 reports on how children’s rights have been considered in Commonwealth legislation and provides a case study on the consideration of children’s rights in court proceedings. Chapter 3 reports on my investigation into the rights, needs and experiences of young parents and their children, with a view to identifying the critical supports needed to improve their personal, educational and economic outcomes. Chapter 4 discusses the work I am leading to embed child safe cultures and child rights knowledge throughout organisations that work for and with children across Australia. This initiative has primarily been precipitated by the work of the Royal Commission into Institutional Responses to Child Sexual Abuse, which will shortly come to completion, but whose findings will require ongoing action and monitoring in order to prevent and effectively respond to child harm. I look forward to discussing the report with you. Yours sincerely Megan Mitchell National Children’s Commissioner Australian Human Rights Commission Level 3, 175 Pitt Street, Sydney NSW 2000 GPO Box 5218, Sydney NSW 2001 Telephone: 02 9284 9600 Facsimile: 02 9284 9611 Website: www.humanrights.gov.au Children’s Rights Report 2017 • 3 About the National Children’s Commissioner About the National Children’s Commissioner Legislation establishing the position of National The Act provides that the National Children’s Children’s Commissioner was passed by the Commissioner may submit reports to the federal Parliament on 25 June 2012. Minister that deal with matters relating to the enjoyment and exercise of human rights by Ms Megan Mitchell was appointed as the children in Australia, as the Commissioner inaugural National Children’s Commissioner on considers appropriate. A report may include 25 February 2013 and commenced in the role on recommendations that the Commissioner 25 March 2013. considers appropriate as to the action that should be taken to ensure the enjoyment and Section 46MB of the Australian Human Rights exercise of human rights by children in Australia. Commission Act 1986 (Cth) (the Act) describes the functions that are to be performed by the On 13 April 2017, Section 46MB of the Act was National Children’s Commissioner. Under the amended to remove the requirement that the Act, the National Children’s Commissioner is Commissioner submit a report to the Minister specifically required to: annually. • promote discussion and awareness of The Commissioner is able to compel the matters relating to the human rights of production of documents and information held by children in Australia the Commonwealth. • undertake research, or educational The United Nations Convention on the Rights of or other programs, for the purpose of the Child (CRC) underpins the Commissioner’s promoting respect for the human rights of work. In addition to having regard to the CRC, children in Australia, and promoting the the Commissioner must have regard to a range of enjoyment and exercise of human rights human rights instruments: by children in Australia • examine existing and proposed • Universal Declaration of Human Rights Commonwealth enactments for the • International Convention on the Elimination purpose of ascertaining whether they of All Forms of Racial Discrimination recognise and protect the human rights • International Covenant on Economic, of children in Australia, and to report Social and Cultural Rights to the Minister the results of any such • International Covenant on Civil and examination. Political Rights In performing these functions, the Commissioner • Convention on the Elimination of All Forms may give particular attention to children who of Discrimination Against Women are at risk or vulnerable. The Commissioner • Convention on the Rights of Persons with may consult with children, departments and Disabilities authorities of the Commonwealth, and of the states and territories, non-governmental • other instruments relating to human rights organisations, international agencies, and other considered relevant. organisations or persons. 4 Megan Mitchell National Children’s Commissioner All Australian states and territories have Children’s Commissioners, Guardians or Advocates. The legislative functions of these roles differ between jurisdictions. Some have a broad focus, which include all children, whereas others have specified responsibilities relating to children who are at risk or who are vulnerable. Their primary focus is on issues concerning children within their individual jurisdictions. The National Children’s Commissioner works collaboratively with the state and territory Children’s Commissioners, Guardians and Advocates through the Australian Children’s Commissioners and Guardians Group. Previous roles and qualifications Commissioner Mitchell has extensive experience working with children from all types of backgrounds, including practical expertise in child protection, juvenile justice, and children’s services. Previous roles include NSW Commissioner for Children and Young People, Executive Director of the ACT Office for Children, Youth and Family Support, Executive Director for Out-of- Home Care in the NSW Department of Community Services, and CEO of the Australian Council of Social Service. Commissioner Mitchell has qualifications in social policy, psychology and education, a Bachelor of Arts from the University of Sydney, a Diploma of Education from the Sydney Teachers College, a Master of Arts (Psychology) from the University of Sydney and a Master of Arts (Social Policy) from the University of York. For information on the work of the National Children’s Commissioner, please visit: http://www.humanrights.gov.au/our- work/childrens-rights. 1 Human Rights Legislation Amendment Act (2017) (Cth). At https://www. legislation.gov.au/Details/C2017A00032/Html/Text#primary-nav (viewed 13 October 2017). Children’s Rights Report 2017 • 5 Contents Overview 9 Recommendations 12 Chapter 1: Promoting discussion and awareness of children’s rights 16 1.1 Introduction 17 1.2 A right to be heard 17 1.3 Freedom from violence, abuse and neglect 24 1.4 The opportunity to thrive 31 1.5 Engaged citizenship 38 1.6 Action and accountability 39 1.7 Progress towards Children’s Rights Report Recommendations 43 Chapter 2: Child rights in legislation and court proceedings 60 2.1 Introduction 61 2.2 Consideration of children’s rights by the Parliamentary Joint Committee on Human Rights 61 2.3 Bills that engage children’s rights 62 2.4 Children with gender dysphoria – a case study 74 2.5 Conclusion 77 Chapter 3: Young parents
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