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NATSILS want greater protection of Aboriginal and Torres Strait Islander children

21 Jun 2012

Senate Inquiry ignores calls for greater protection of Aboriginal and Torres Strait Islander children under proposed new National Children’s Commissioner

A Senate Legal and Constitutional Affairs Legislation Committee Inquiry into proposed legislation to establish a National Children’s Commissioner has rejected calls to amend the legislation to include a greater focus on Aboriginal and Torres Strait Islander children.

National Aboriginal and Torres Strait Islander Legal Services (NATSILS) Chairperson, Shane Duffy, said that while the introduction of a National Children’s Commissioner was a positive step forward, the current model does not go far enough to protect and promote the rights of Aboriginal and Torres Strait Islander children.

“Aboriginal and Torres Strait Islander children continue to rate as the most disadvantaged group of children in Australia,” Mr Duffy said.

“The significant and disproportionate disadvantage faced by many Aboriginal and Torres Strait Islander children warrants the special focus of any National Children’s Commissioner.”

Mr Duffy said that like many others, including the United Nations Committee on the Rights of the Child during their recent review of Australia, the NATSILS has called for the establishment of a Deputy National Children’s Commissioner with a specific focus on Aboriginal and Torres Strait Islander children.

“It is disappointing to see that the Senate Committee has rejected calls for a Deputy Aboriginal and Torres Strait Islander Children’s Commissioner as it is difficult to see how the raft of human rights issues facing Aboriginal and Torres Strait Islander children will be effectively addressed without such a dedicated position,” Mr Duffy said.

“It is also concerning that the current model fails to commit the National Children’s Commissioner to key international human rights instruments to which while the introduction of a National Children’s Commissioner was a positive step forward, the current model does not go far enough to protect and promote the rights of Aboriginal and Torres Strait Islander children.
Australia is a signatory”.

Mr Duffy said that the NATSILS were concerned that the Senate Committee rejected calls from civil society to amend the proposed legislation to include reference to the Convention Against Torture and Cruel, Inhuman or Degrading Treatment or Punishment and the Declaration on the Rights of Indigenous Peoples.

“A National Children’s Commissioner must be committed to upholding all of Australia’s human rights obligations,” Mr Duffy said.

“Ensuring the promotion and protection of the rights contained within the Declaration on the Rights of Indigenous Peoples in particular is critical to respecting the place of Aboriginal and Torres Strait Islander children as First Nations children.”

Media contact: Rachel O’Brien, NATSILS Legal Secretariat Officer, 0451047792 or rachel.obrien@atsils.org.au