Children’s Rights Don’t Stop When They’re Detained

This November, Australia's record on First Nations rights will be under the spotlight, as UN Special Rapporteur Dr Albert K. Barume visits the country to assess how the rights of Aboriginal and Torres Strait Islander peoples are being upheld.

Every child has human rights. Whether they're at home, at school or in detention, every child deserves to be treated with safety, dignity and respect.

Being accused of an offence or held in detention does not mean a child loses their rights. Governments have a responsibility to protect those rights, including the right to be free from harm.

Yet across Australia, children continue to experience harmful practices in detention, including spit hoods, solitary confinement and detention in adult watch houses. First Nations children are disproportionately represented in youth detention, raising serious concerns about Australia's commitment to protecting children's rights.

What does international human rights law say?

Australia has obligations under international human rights law to protect the rights of every child, including those in contact with the justice system.

Four key international human rights frameworks underpin Amnesty International Australia's Kids Need Better campaign:

• Convention on the Rights of the Child (CRC): Requires children's best interests to be a primary consideration, detention to be used only as a last resort and for the shortest appropriate period, and every child in detention to be treated with humanity and dignity.These frameworks make clear that children's rights must be upheld in every setting, including detention. But recognising these rights in principle is not enough. Governments must ensure they are protected and enforceable in practice.
• United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP): Affirms First Nations peoples' collective rights, including self-determination, culture and the rights of Indigenous children.
• International Covenant on Civil and Political Rights (ICCPR): Protects the rights to liberty and dignity, and freedom from arbitrary detention and cruel, inhuman or degrading treatment.
• Convention against Torture (CAT): Prohibits torture and requires protection against cruel, inhuman or degrading treatment.

First Nations kids need better

Every child deserves to grow up safe, supported and connected to family, culture and community. But First Nations children continue to be disproportionately impacted by Australia's youth justice system. Detention and harmful practices can deepen the harm experienced by children and disrupt their connections to family, community, culture and Country.

Children need care, accountability, support and opportunities to thrive, not conditions that cause further harm. Through our Kids Need Better campaign, Amnesty International Australia is calling on governments to:

• Raise the minimum age of criminal responsibility to at least 14.
• Establish national enforceable minimum standards that uphold the human rights of every child in custody, no matter where they live.
• End harmful practices, including spit hoods, solitary confinement and detention in adult watch houses.
• Invest in sustained, Indigenous-led, community-based diversion and support.

These are practical steps towards a youth justice system that prioritises children's rights, safety and wellbeing. Governments must turn human rights commitments into action.

As the UN Special Rapporteur on the Rights of Indigenous Peoples visits Australia this November, the treatment of First Nations children in the justice system remains an important human rights concern. The visit is an opportunity to bring international attention to these issues and examine how Australia is meeting its human rights obligations.

But international scrutiny alone is not enough. Governments must take concrete action to ensure that children's rights are upheld and protected, including when they are in detention. Every child deserves safety, dignity and the opportunity to thrive. Governments must uphold children's rights in every setting, including detention.

Want to learn more about your human rights?

Understanding how international human rights protections work, and what role the United Nations plays here in Australia, isn't always straightforward. Our free UN and Human Rights Toolkit explores your rights, the international institutions responsible for protecting them and how human rights standards apply in Australia, including through our Kids Need Better campaign.

It also includes practical activities and discussion prompts to help you share what you've learned.

Amnesty International is a global movement of more than 10 million people who take injustice personally. We are campaigning for a world where human rights are enjoyed by all - and we can only do it with your support.

Act now or learn more about our human rights work.