The Committee considered the fourth periodic report of Australia (CRC/C/AUS/3-4) at its 1707th and 1708th meetings (see CRC/C/SR.1707 and 1708), held on 4 and 5 June 2012, and adopted, at its 1725th meeting, held on 15 June 2012 (see CRC/C/SR.1725), the following concluding observations.
See the full report here.
Some of the concerns expressed:
Preservation of identity
37. The Committee is concerned at the large numbers of Aboriginal and Torres Strait Islander children being separated from their homes and communities and placed into care that, inter alia, does not adequately facilitate the preservation of their cultural and linguistic identity. The Committee further notes that a child‟s citizenship can be revoked where a parent renounces or loses citizenship in the State party.
38. The Committee recommends that the State party review its progress in the implementation of the recommendations of its Bringing Them Home Report, including as recommended by the United Nations Human Rights Committee and the UN Special Rapporteur on the Situation of Human Rights and Fundamental Freedoms of Indigenous People to ensure full respect for the rights of Aboriginal and Torres Strait Islander children to their identity, name, culture, language and family relationships. With reference to article 8 of the Convention, the Committee further recommends that the State party undertake measures to ensure that no child be deprived of citizenship on any ground regardless of the status of his/her parents.
Protection of privacy
41. The Committee notes as positive that the Office of the Australian Information Commissioner has issued guidelines on the application of the Australian Privacy Act on handling the personal information of children. However, the Committee is concerned that the State party does not have comprehensive legislation protecting the right to privacy of children. Furthermore, while noting that the Office of the Australian Information Commissioner is empowered to hear complaints about breaches of privacy rights under the Privacy Act 1998 (Cth), it is concerned that there are no child-specific and child-friendly mechanisms and those available are limited to complaints made against government agencies and officers and large private organisations. The Committee is also concerned at the inadequacy of privacy protection of children involved in penal proceedings, including legislation in Western Australia and the Northern Territory permitting the publication of personal details of a person, including minors, who has carried-out ¨anti-social behaviour‟. Furthermore, the Committee is concerned that children receiving health services, particularly sexual and reproductive health, are not ensured their right to privacy.
Violence against children and women
45. The Committee is gravely concerned at the high levels of violence against women and children prevailing in the country and notes that there is an inherent risk that the co-existence of domestic violence, lawful corporal punishment, bullying, and other forms of violence in the society are inter-linked, conducing to an escalation and exacerbation of the situation. The Committee is particularly concerned that:
(a) Women and children of Aboriginal origin are particularly affected;
(b) Sterilisation of women and girls with disabilities continues;
(c) Programmes for the reintegration of child victims of domestic violence remain inadequate including because of the absence of monitoring systems of children victims who are reintegrated with their families;
(d) There is a lack of attention and specific procedures in cases where family members are the perpetrators of violence and/or women are perpetrators rather than victims; and
(e) There are no regular and systematic evaluations of the existing measures addressing violence against children in the school, Internet and other contexts.
Children with disabilities
56. The Committee appreciates the State party‟s assessment of its disability support system with its Productivity Commission in July2011. However, taking note of the findings of the Commission, the Committee shares the concerns that the current disability support system is "under-funded, unfair, fragmented and inefficient, and gives people with a disability little choice and no certainty of access to appropriate supports, with children with disabilities frequently failing to receive crucial and timely early intervention services, support for life transitions, and adequate support for the prevention of family or carer crisis and breakdown." Furthermore, while noting the State party‟s five-year implementation of its Disability Standards for Education 2005, the Committee remains concerned that a significant disparity remains between educational attainments for children with disabilities compared to children without disabilities. Further elaborating on its concerns on the non-therapeutic sterilization stated earlier in this report, the Committee is seriously concerned that the absence of legislation prohibiting such sterilisation is discriminatory and in contravention of article 23(c) of the Convention on the Rights of Persons with Disabilities. Furthermore, the Committee is concerned that the State party‟s legislation allows for disability to be the basis for rejecting an immigration request.
