Deakin Speaking

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 As Australians, our home is known as the 'lucky country'. We learnt recently that five of Australia's cities are among the most liveable in the world. Geelong Advertiser readers will know that it’s only a matter of time until Geelong finds its way onto that list.

But not everyone in the world is so lucky.

Imagine living somewhere where one in five people seeking assistance from homelessness services is aged under ten. Or somewhere where young people from an ethnic minority are 28 times more likely to be imprisoned than the white majority. Or a country where there’s been a 51% increase in five years in the number of children taken from their parents by the state.

These confronting statistics point to a society that is failing its children and young people. 

These statistics show that there are parts of the world where children’s rights aren’t being protected by their government and their community.

Sadly, these statistics are not from some far-flung, backward part of the world.

These damning statistics are from Australia.

The shocking overrepresentation of Indigenous youth in the criminal justice system has steadily increased over the last 20 years. Today Indigenous youth are 28 times more likely of being imprisoned than non-Indigenous youth, an increase since 1993 when the ratio was 17.

The data on children in out-of-home care tells a similar story. From 2005 to 2010 there was a 51 per cent increase in the number of children placed in the out-of-home care system. Similarly, statistics show that one in five people seeking support from specialist homelessness services are aged under 10.

There are many other areas where systems and structures are failing vulnerable young Australians.  We have too many children and young people that are unable to access a safe home, appropriate health care and supports, and other basic rights that we expect all Australians should be afforded.

These numbers show that Australia has become complacent in recognising and promoting the rights of children and young people.

Recently, Australia’s performance under the UN Convention on the Rights of the Child was put under the spotlight. The review, conducted by the Committee on the Rights of the Child, found that despite Australia position as ‘one of the most affluent economies of the world,’ it was falling short on fulfilling children and young people’s human rights.

In its assessment of the Australian Government’s attention to its obligations to children, the UN Committee acknowledged some of the positive steps taken by the Government, yet lamented its failure to provide opportunities for its most vulnerable citizens. The review found that we were particularly failing indigenous Australians, asylum-seeking and refugee children, children in out-of-home care and children with disabilities.

The Committee also brought attention to the government’s approach to data collection and human rights education; and its efforts, or lack thereof, of bringing domestic law and practice into conformity with the principles and provisions of the Convention on the Rights of the Child.

But it’s not all doom and gloom. The Government’s recent announcement to establish a National Children’s Commission is a positive step. The Government is currently recruiting a Commissioner, who will take a broad advocacy role to promote public awareness of issues affecting children, conduct research and education programs, consult directly with children and representative organisations as well as monitor Commonwealth legislation, policies and programs that relate to children’s rights, wellbeing and development.

Other positive developments recognised by the Committee include the Government’s commitment to the National Early Childhood Development Strategy, its implementation of a National Framework for Protecting Australia’s Children, the Plan to Reduce Violence against Women and their Children, and the commitment to Closing the Gap on Aboriginal health and education.

We should be proud of our society – for most of us, Australia is truly a lucky country. But we should remember that many young Australians are falling through the gaps.  We cannot become complacent on children’s rights and we must continue to work to ensure that we protect and promote the rights of the next generation.

 Deakin law lecturer James Farrell and Chris Varney, former Youth Representative to the UN, spoke at a Children’s Rights forum at Deakin University on Tuesday. More information on children's rights can be found at www.childrights.org.au 

^{This article first appeared in the Geelong Advertiser on 22 August 2012.}