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CONSIDERATION OF REPORTS SUBMITTED BY STATE PARTIES UNDER ARTICLE 44 OF THE CONVENTION
Fortieth Session of the Committee of the Rights of the Child CRC/C/15/Add.268 20 October 2005
1. The Committee considered the combined second and third periodic reports of Australia (CRC/C/129/Add.4) at its 1054th and 1055th meetings (see CRC/C/SR.1054 and 1055), held on 13 September 2005, and adopted, at its 1080th meeting (CRC/C/SR.1080), held on 30 September 2005, the following concluding observations.
2. The Committee welcomes the submission of the State party’s combined second and third periodic reports, as well as the timely responses to the list of issues, which allowed the Committee to have a better understanding of the situation of children in the State party. The Committee further appreciates the constructive and open dialogue with a cross-sectoral and high-level delegation.
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5. The Committee notes with satisfaction that most of its concerns expressed and recommendations (CRC/C/15/ Add.79) made upon the consideration of the State party’s initial report (CRC/C/8/Add.31) in 1997 have been addressed. However, it notes that some concerns and recommendations have been insufficiently or partly addressed regarding, inter alia, the special problems still faced by indigenous children, corporal punishment, the spread of homelessness among young people, children in immigration detention, juvenile justice and the disproportionately high percentage of indigenous children in the juvenile justice system.
6. The Committee urges the State party to take all necessary measures to give more effective follow-up to the recommendations contained in the concluding observations of the initial report that have not yet been implemented and to provide concrete and effective follow-up to the recommendations contained in the present concluding observations on the second and third periodic reports.
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17. The Committee notes that despite the increase in budgetary allocations in many areas of childcare and wellbeing, indigenous children and other vulnerable groups continue to need considerable improvement in their standard of living, health and education.
18. The Committee recommends that the State party pay particular attention to the full implementation of article 4 of the Convention, by prioritizing budgetary allocations so as to ensure implementation of the economic, social and cultural rights of children, in particular those belonging to disadvantaged groups, such as indigenous children, “to the maximum extent of … available resources”.
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31. The Committee notes the national inquiry carried out in 1997 by HREOC into the separation of Aboriginal and Torres Strait Island children (‘Bringing Them Home’), which acknowledged the past policies whereby indigenous persons were deprived of their identity, name, culture, language and family. In this respect, the Committee welcomes the activities undertaken by the State party to assist family reunification and improve access to records to help indigenous persons trace their families.
32. The Committee encourages the State party to continue and strengthen as much as possible its activities for the full implementation of the recommendations of the 1997 HREOC report, ‘Bringing Them Home’, and to ensure full respect for the rights of Aboriginal and Torres Strait Islander children to their identity, name, culture, language and family relationships.
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37. The Committee notes with concern the considerable
increase in the number of children in out-of-home care in recent years as well as the over-representation of indigenous
children in out-of-home care. Furthermore, the Committee is
concerned about:
(a) The lack of stability and security of children placed in alternative care;
(b) The difficulties for children in maintaining contact with their families;
(c) The inadequate medical care, e.g. physical, dental and mental health services.
38. The Committee recommends that the State party take measures to strengthen the current programmes of family support, eg by targeting the most vulnerable families, in order to reduce the number of children placed in out-ofhome care. It further recommends that the State party:
(a) Strengthen its support for foster care, e.g. by improving equal access to adequate medical care by children in foster care;
(b) Strengthen supervision of foster care and establish regular review of this kind of placement with a view to reuniting the child with his/her natural family;
(c) Promote and facilitate the maintenance of contact of the child in foster care with his/her natural family.
39. The Committee also recommends that the State party maximize its efforts, within a set time period, to reduce the significant number of indigenous children placed in out-of-home care, inter alia by strengthening its support for indigenous families. It further recommends that the State party fully implement the Indigenous Child Placement Principle and intensify its cooperation with indigenous community leaders and communities to find suitable solutions for indigenous children in need of alternative care within indigenous families.
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42. While the Committee notes with appreciation the State party’s activities and measures addressing this problem, including two programmes seeking to reduce family violence in indigenous communities, it shares the State party’s concern that child abuse remains a major problem for Australian society, affecting children’s physical and mental health as well as their educational and employment opportunities. The Committee is further concerned at the exposure of children to a high level of domestic violence.
43. In light of article 19 of the Convention, the Committee recommends that the State party:
(a) Continue to take measures to prevent and combat child abuse and violence against children and strengthen measures to encourage reporting of instances of child abuse;
(b) Adequately investigate and prosecute reported cases of abuse and violence;
(c) Ensure that all victims of violence have access to counselling and assistance with recovery and social reintegration;
(d) Provide adequate protection to child victims of abuse;
(e) Strengthen measures to address the root causes of violence within the family, paying special attention to the marginalized and disadvantaged groups.
44. In the context of the Secretary-General’s study on the question of violence against children and the related questionnaire sent to Governments, the Committee acknowledges with appreciation the State party’s written replies to this questionnaire and its participation in the Regional Consultation for East Asia and the Pacific held in Thailand from 14 to 16 June 2005. The Committee recommends that the State party use the outcome of the regional consultation as a tool for taking action, in partnership with civil society, to ensure that every child is protected from all forms of physical, sexual and mental violence, and to gain momentum for concrete and, where appropriate, time-bound actions to prevent and respond to such violence and abuse.
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45. While the Committee notes the States party’s initiatives addressing the rights of children with disabilities, it is concerned about the paucity of information on disabled children, especially when it comes to data on disabled indigenous children, alternative care for children with disabilities and children with disabilities living in remote or rural areas. The Committee also notes that a governmental working group is addressing the issue of sterilization of children with so-called ‘decision-making’ disabilities.
46. In the light of the United Nations Standard Rules on the Equalization of Opportunities for Persons with Disabilities (General Assembly resolution 48/96) and of the Committee’s recommendations adopted at its day of general discussion on ‘Children with disabilities’ (see CRC/C/69), the Committee encourages the State party to actively pursue its current efforts and:
(a) To adopt a consistent national approach to the collection of data on children with disabilities;
(b) To ensure that children with disabilities have equal opportunities to participate fully in all spheres of life and to strengthen public awareness campaigns to change negative public attitudes;
(c) To undertake greater efforts to make available the necessary professional (i.e. disability specialists) and financial resources, especially at the local level, and to promote and expand community-based rehabilitation programmes, including parental support groups.
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47. The Committee notes the State party’s efforts with regard to the prevention of overweight and obesity, the promotion of breastfeeding, and the prevention and control of injury. However, the Committee remains concerned at malnutrition and undernutrition of indigenous children compared with overnutrition, overweight and obesity at the national level. Furthermore, despite recent studies suggesting that indigenous infant mortality has declined in the past years, the Committee remains concerned at the disparity in health status between indigenous and non-indigenous children and at the unequal access to health care of children living in rural and remote areas.
48. The Committee recommends that the State party undertake all necessary measures to ensure that all children enjoy the same access to and quality of health services, with special attention to children belonging to vulnerable groups, especially indigenous children and children living in remote areas. In addition, the Committee recommends that the State party take adequate measures, within a set time period, to overcome the disparity in the nutritional status between indigenous and non-indigenous children.
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51. The Committee welcomes the various efforts of the State party to reduce suicide among youth in recent years, but it remains concerned that the youth suicide rate is still high, especially among indigenous children and homeless adolescents, and that mental health problems and substance abuse are increasing.
52. The Committee, in light of its general comment No. 4 (2003) on adolescent health, encourages the State party to continue and strengthen its efforts aimed at suicide prevention among youth, focusing in particular on mental health services, including prevention and management of substance abuse.
53. The Committee notes the efforts undertaken by the State party to combat the threat that HIV/AIDS represents for children, including the newly established ministerial advisory committee on AIDS, sexual health and hepatitis, but it is concerned at recent reports showing that the number of indigenous persons diagnosed with AIDS has more than doubled in the past four years.
54. The Committee recommends that the State party continue to look closely into the issue of HIV/AIDS and, in particular: …
(c) To urgently address the marked increase in AIDS diagnosed among indigenous peoples, including through culturally sensitive safe sex campaigns tailored for indigenous communities.
55. The Committee notes with appreciation the Federal Government’s considerable expenditures on indigenous housing and infrastructure and the good initiative, the “Community Housing and Infrastructure Programme”, but reiterates its concern at the still inadequate standard of living of indigenous children and children living in rural and remote areas.
56. The Committee also notes that the State party has not defined an official poverty line and is concerned that the impact of poor living conditions on the well-being and development of children is not adequately considered.
57. In light of article 27 of the Convention, the Committee recommends that the State party increase its efforts to provide affordable housing options and take all possible measures to raise the standard of living of indigenous children and children living in rural and remote areas.
58. The Committee further recommends that the State party address and systematically investigate the consequences of economic hardship on children, with a view to developing measures aimed at reducing its negative impact on children’s healthy development.
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59. While the Committee acknowledges the State party’s efforts in this field, including the Jobs Education and Training Child Care Programme, it continues to be concerned at the serious difficulties that indigenous children and children living in remote areas face with regard to education, and in particular their lower level of achievement and high dropout rate.
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61. The Committee Recommends that the State Party:
(a) Take all necessary measures to ensure that articles 28 and 29 of the Convention are fully implemented, in particular with regard to children belonging to the most vulnerable groups (i.e. indigenous children, homeless children, children living in remote areas, children with disabilities, etc.).
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70. The Committee is concerned about substance abuse, especially among the indigenous communities, as well as about the high-risk practice of petrol sniffing, notably among the communities living in remote areas of Central Australia.
71. The Committee encourages the State party to continuously monitor the issue of substance abuse, with a special focus on raising awareness among indigenous children and children living in remote areas. The State party is also encouraged to develop free and easily accessible drug abuse treatment and social reintegration services for children who are drug and substance abusers.
72. While the Committee notes the measures taken by the State party in the field of juvenile justice, such as the options for juvenile diversion available in many states and territories and the strategies to reduce the incarceration rates for indigenous Australians, it shares the State party’s concern that the percentage of indigenous children in conflict with the law is disproportionately high.
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75. Despite the numerous measures taken by the State party’s authorities, including the Indigenous Child Care Support Programme, the Committee remains concerned about the overall situation of indigenous Australians, especially with regard to their health, education, housing, employment and standard of living.
76. The Committee notes that the Aboriginal and Torres Strait Islander Commission (ATSIC), a key policy adviser to the Government and its agencies on indigenous affairs, had been abolished and replaced by a ministerial task force.
77. The Committee recommends that the State party strengthen its efforts to continue developing and implementing -in consultation with the indigenous communities – policies and programmes aimed at ensuring equal access for indigenous children to culturally appropriate services, including social and health services and education. The Committee further recommends that an evaluation of the new arrangements for the administration of indigenous affairs take place soon in order to assess whether the abolition of ATSIC has been in the best interests of indigenous children.
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78. The Committee welcomes the assurances given by the State party during the dialogue that the ratification of the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography is imminent and that steps have been taken to ratify the Optional Protocol on the involvement of children in armed conflict.
79. The Committee recommends that the State party become a party to both the Optional Protocols to the Convention on the Rights of the Child at the earliest possible time.
80. The Committee recommends that the State party take all appropriate measures to ensure that the present recommendations are fully implemented, inter alia by transmitting them to the members of the Council of Ministers, the Parliament, and to state and territory Governments and Parliaments for appropriate consideration and further action. Dissemination
81. The Committee further recommends that the combined second and third periodic reports and written replies submitted by the State party and the related recommendations (concluding observations) it adopted be made widely available, including (but not exclusively) through the Internet, to the public at large, civil society organizations, youth groups and children in order to generate debate on and awareness of the Convention, its implementation and monitoring.
82. The Committee invites the State party to submit its fourth periodic report, which should not exceed 120 pages (see CRC/C/148), by 15 January 2008.
The full text of this document is available online at: <http://www. unhchr.ch/tbs/doc.nsf/(Symbol) /CRC.C.15.Add.268.En?OpenDocument>
See also the February 2006 Report of the United Nations Permanent Forum on Indigenous Issues Indigenous Women and the United Nations System: Good Practices and Lessons Learned. Available online at: <http://www.un.org/esa/socdev/unpfii/ documents/IANGWE_indigenouswomen_mar3.pdf>
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URL: http://www.austlii.edu.au/au/journals/AUIndigLawRpr/2006/62.html