Transcript FATAL ASSAULT AND NEGLECT

Alternative Report
to
UN Committee on Rights
of the Child
Sydney Workshop
3 June 2004
UN Committee on
the Rights of the Child

Convention on the Rights of the Child
unanimously adopted by UN General Assembly
on 20 Nov 1989




Mostly widely ratified international convention
Specifically provides for NGO involvement
Monitoring of compliance with obligations by
means of States’ reports to UN Committee
Consists of 10 independent experts
UN Committee on
the Rights of the Child

Australia ratified on 17 Dec 1990

Australia’s First report submitted in Dec 1995



Late – required within 2 years (Jan 1993)
Considered by Committee in Sept 1997 together with
alternative report prepared by DCI in Nov 1996
Australia’s Second and Third Combined Report printed
March 2003, submitted Sept 2003

Backlog but late again – 3rd report due Jan 2003
UN Committee’s Concluding
Observations in Response to 1st Report
Positive Comments



Wide range of welfare services
Universal free education and advanced health
system
Efforts in relation to law reform eg



Family Law Act amendments
Crimes (Child Sex Tourism) Amendment Act 1994
Firm commitment to adopting measures for
implementing rights of the child
UN Committee’s Concluding
Observations in Response to 1st Report
■ Deep, particular concerns




The minimum age of criminal responsibility (7, 10
years)
The “unjustified, disproportionately high percentage
of aboriginal children in the juvenile justice system”
and especially mandatory detention
Spread of homelessness amongst young people and
subsequent risk
Special problems still faced by Aboriginal and Torres
Strait Islander children especially in education and
health
UN Committee’s Concluding
Observations in Response to 1st Report
■ Concerns






No provision for complaints in Australian courts on
the basis of the Convention
The reservation to Article 37 (c)
Lack of comprehensive policy for children at the
Federal level
Poor public understanding of the Convention
Respect for the views of the child not being fully
applied
No minimum age for children’s employment
UN Committee’s Concluding
Observations in Response to 1st Report
■ Concerns





Local legislation allowing local police to remove
children and young people congregating
Treatment asylum seekers and refugees from their
children, and their placement in detention centres
Lack of prohibition of corporal punishment
Lack of entitlement to maternity leave for women in
the private sector
Possible deprivation of citizenship children where a
parent loses citizenship
NGO consultation ?
■ States party are required to make their reports
widely available to the public in their own
countries

Encouraged to include NGOs in the consultation
process for their own report but …

Process in 2nd / 3rd report ?

One short para p 2 – “sought the views of NGOs ..”
What is an Alternative Report?
■ The Committee seeks specific, reliable and
objective information from NGOs
 to obtain a serious and independent assessment of
progress and difficulties encountered in the
implementation of the Convention.

The consideration of NGO information is an
essential element in the monitoring process.
(p. 4 Guidelines for NGOs)
What is an Alternative Report?
■ The specific, reliable and objective information from
NGOs should cover:
 information on areas where the government report
does not give sufficient information
and
 information on the areas not covered all, in the
opinion of the NGOs, covered incorrectly or
misleadingly
(p. 4 Guidelines for NGOs)
Aim of Alternative Report?
■ The aim of the NGO report should be to undertake
systematic analysis of the extent to which law, policy
and practice in the State party complies with the
principles and standards of the Convention.

The report should reflect the experience of children
throughout the State party and …

differences in legislation, administration of services,
culture and environment of different jurisdictions.
(p. 6 Guidelines for NGOs)
Aim of Alternative Report?
■ The report should draw upon the widest possible
sources of knowledge, information sources, expertise,
and experience and views, and experiences of children





Government statistics
Verbatim records of Parliamentary/legislative proceedings
Reports published by organisations and professional bodies
Published research
Key issues should be identified through consultation
with key organisations and individuals.
(p. 6 Guidelines for NGOs)
Aim of Alternative Report?
■ To make concrete recommendations


To improve the situation of children in the country
About the role NGOs can play in implementing the Convention

Focus on a limited number of issues considered to be
priorities.

NGOs may indicate questions or issues for the
committee to raise with the government
(p. 6 Guidelines for NGOs)
Format of Alternative Report?

Section by section analysis of the State party report

Eight themes or clusters of articles








General measures and implementation
Definition of the child
General principles
Civil rights and freedoms
Family environment and alternative care
Basic health and welfare
Education, leisure and cultural activities
Special protection measures
First Alternative Report?

Focussed on 6 of 8 themes



Not “Definition of the child” or “Civil rights and freedoms”
Included specific actions required
Specific concerns

Lack of national agenda for children or structural provisions
eg Commissioners / Office for Children
Lack of effectiveness of anti-discrimination laws
Lack of advocacy and protection for children in care
Indigenous children
Children seeking asylum
Exclusion of children from schools
Homeless children

Lack of definition and application of best interests






Format of Alternative Report?
All in 30 pages!