From April 2014, children from a number of countries will be able to directly take reports of human rights abuses to the United Nations. But not Australian children. Paula Gerber, Associate Professor of Human Rights Law at Monash University, explains.
Australia ratified the convention in 1990 and has also ratified both of its other Optional Protocols, one on child soldiers and the other on the sale of children into prostitution and child pornography. But can we expect Australia to ratify this latest protocol?
The answer is probably “eventually”. In other words, we shouldn’t hold our breath. Although Australia, under the Hawke government, was quick to ratify the Convention on the Rights of the Child, it has been less keen to submit itself to the complaints procedures under various UN human rights treaties.
Since the famous Toonen decision in 1994, which found Tasmania’s laws criminalising homosexuality to be a breach of human rights, Australia has been found to have violated the human rights of complainants on at least 33 occasions.
Australia’s history with the United Nation Convention on the Rights of the Child (UNCROC) is complex. Despite ratifying the Convention in 1990, it has been slow to adopt many of the Optional Protocols.
Gerber explains that the UN Committee that oversees the UNCROC has regularly been critical of Australia’s approach to supporting children’s rights. Right now, Australia is actively placing children in danger in immigration detention. We are also receiving horrific stories from the Royal Commission into child abuse on organisational and systemic failings in our support systems for children.
As one of the most prosperous and secure nations on Earth, Australia is in a position to be a standard-bearer for children’s rights. It remains to be seen when, or even if, this will ever be the case.