Human rights lawyers call for government to #RaiseTheAge

Australian laws that allow 10-year-olds to be arrested, charged, held before the courts and locked away are “out of step” with human rights policies.

Naomi Neilson • 03 March 2020 • Big Law

The chief lawmakers are being urged to consider the detrimental effect on the human rights standards and developmental consequences of locking a child behind bars. The Human Rights Law Centre is calling for the age to be reconsidered and raised.

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As part of a review into the law, the Council of Attorneys-General, which will meet this June, will consider evidence from child rights experts, Aboriginal peaks and the leading social services, health and legal and youth advocacy organisations. Each of the bodies is in support of raising the age of legal responsibility from 10 to 14.

Acting legal director of the HRLC, Shahleena Musk, said everyone knows that children do best when they are “supported, nurtured and loved”.

“As a society, we should be doing all that we can to care for, support and help children. Ten-year-old kids belong in schools and playgrounds, not in prisons, but Australia’s laws are being used to rip children from their families, community and culture and throwing them into concrete cells,” Ms Musk said of the “outdated” policies.

“Decent politicians would raise the age at which children can be locked up.”

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The HRLC submission to the Council of Attorneys-General adds to the chorus of calls both nationally and internationally for Australia to raise the age.

It said good governments would show compassion and humanity by helping the young children remain in school and work with families to provide care and support. It adds that children should not be exposed to the criminal legal system.

“Australia has one of the lowest ages of legal responsibility in the world. This is a clear violation of human rights standards and is completely out of step with advice of doctors and child development experts who say kids do best when they’re with their families and in their communities, not behind bars,” said Ms Musk.

“Our politicians should know better.”

naomi.neilson@momentummedia.com.au