First Nations children deserve a rights-based future, today

Australia’s First Nations children deserve a brighter future where governments safeguard their wellbeing, rights and dignity, Aboriginal and Torres Strait Islander Social Justice Commissioner Katie Kiss said today on International Human Rights Day.

“Today on Human Rights Day, I reflect on what a devastating year this has been for our First Nations kids. Their human rights have been ignored for political gain in the Northern Territory and Queensland, there have been more deaths in custody, reports of maltreatment, and sky-high rates of out of home care,” Ms Kiss said.

This year’s International Human Rights Day theme Our Rights, Our Future, Right Now is a call to governments everywhere to focus on human rights as a pathway to solutions. 

“Our governments should be working to find positive solutions and investing in education, health and community-led services for First Nations children, not focussing on punitive polices and laws that breach their human rights,” Ms Kiss said.

"Recent deaths in custody and the child protection system clearly show that current approaches are not working. Kids need care, love and support so they can shake off generational disadvantage, have hope for their futures and feel they are valued and belong.

“It’s tragic that in the week of Human Rights Day the  Making Queensland Safer Bill 2024is likely to be passed by the Queensland Parliament. This piece of legislation is deeply problematic and incompatible with human rights; it will be harmful to First Nations children, could see children as young as 10 years old being jailed for life and it will not make the community safer.”

Around 62% of the Queensland youth detention population is First Nations children. The Queensland Government has acknowledged that this legislation is likely to further disproportionately impact First Nations children.

In October the new Northern Territory government lowered the age of criminal responsibility to 10 years, also ignoring all the evidence that locking children up does not curb youth crime or make communities safer.

Help Way Earlier, a report released earlier this year by the National Children’s Commissioner, made 24 recommendations to transform child justice to improve safety and wellbeing. It called on the federal government to make child justice and wellbeing a national priority. 

Commissioner Kiss said all Australian governments should be working to safeguard children’s human rights in line with the international standards they have pledged to uphold.  

“Governments have a duty to deliver programs, policies and legislation that are underpinned by universal human rights. These standards are a safety net for Australia’s First Nations children,” Ms Kiss said. 

“Ratifying international treaties creates a binding obligation, and Australians expect that our governments follow through on the promises they have made to the world and incorporate human rights standards into our domestic laws.”

Ms Kiss acknowledges the work of Indigenous colleagues who have been working tirelessly to advocate for First Nations children. 

International Human Rights Day marks the 76th anniversary of the Universal Declaration of Human Rights.

Media contact: media@humanrights.gov.au or 0457 281 897 (calls only please, no texts)