2011 CHILD RIGHTS NGO REPORT AUSTRALIA C H I L D R I G H T S TA S K F O R C E M AY 2 0 1 1

Every five years, the Australian Government reports to the United Nations on its implementation of the Convention on the Rights of the Child. Australian non-government organisations, through the National Child Rights Taskforce, prepare their own, parallel report. Listen to Children is their report.

Youth participants in the UNICEF Australia health program, Alice Springs. UNICEF Australia

The Listen to Children Report finds that Australian Governments have not, in fact, learned to listen to children.
In the main, Australia has not developed child-sensitive laws, policies, initiatives and systems; and Federal, State and Territory Government bodies have not learned how to consult effectively with children on the full range of issues that effect childrens lives. This has unfortunately contributed to unacceptable gaps in the protection of childrens rights in Australia. We have also made limited progress to address these gaps since the last time we reported to the UN five years ago. The examples of where we have made progress are exceptions and reflect the lack of a national policy framework to promote the rights and wellbeing of children. Australia urgently needs a Plan of Action for Children and Young People to create a country fit for all our children. An urgent first step is a National Childrens Commissioner, a national focal point and anchor to implement and monitor this Plan, and to ensure childrens voices are heard on a national level. Australia currently supports children using a traditional welfare model. Australia delivers assistance to vulnerable children and provides benefits to families to create a more supportive environment for children. However, in the majority of instances, this is done without including young peoples views and aspirations; too often, Australia does not ask children about what they think and need. The current approach falls short of Australias obligations under the Convention of the Rights of the Child and the underlying principles of rights-based approaches. Central to these principles is participation and empowerment of those people affected by the decisions, the accountability of the decision-making and implementation process to those groups, and non-discrimination towards any impacted groups.

A National Plan of Action for Children and Young People is needed to embed the UN Convention in Australian policy and legislative frameworks, and ensure all federal, state and territory initiatives meet these standards in a coherent manner. It is needed to end our inconsistent national approach. As pointed out in the previous recommendations from the UN Human Rights Commission, a National Childrens Commissioner is essential because improving outcomes for children involves action across many sectors of public policy. Without this focal point, or anchor, we will find ourselves in exactly the same position in five years time. Three groups of children in Australia have been especially disadvantaged by the failure of our country to involve children in decision-making, or promote the rights enshrined in the Convention. Aboriginal and Torres Strait Islander children have child mortality rates of three times their non-aboriginal peers. These are the Australian children who we listen to the least. The number of children in out-of-home-care have increased by 51.5% since 2005, yet Australia collects no data on the reasons why children are placed in care. The children of asylum seekers remain in detention facilities in direct contravention of the UN childrens convention. Australia has no legal remedies for any such breaches of child rights. These are just three examples of unacceptable outcomes for children, illustrating the Australian government still does not know how to effectively listen to and learn from children. It is in Australias fundamental interest to become a country fit for children, especially for our Indigenous children. A country fit for children is a country that will create healthier and happier adults and finally break entrenched cycles of disadvantage from moving through the generations. In pure economic terms, the costs and benefits of giving children a positive start to life are obvious.

2 2011 Listen to Children Report - Executive Summary

Legislation The Convention on the Rights of the Child creates international benchmarks for child rights. However, because the convention is not fully integrated into Australian law, there are no enforceable remedies for many child rights violations in Australia. Australia needs nationally consistent legislation based on the Convention. (See Section 1.1, page 6) Coordination Under our federal system, responsibility for many childrens rights, such as education, child protection and juvenile justice fall to the states. Because the UN Convention is not the underlying framework, state policies are inconsistent. For example, Queensland detains children over the age of 17 in adult facilities in contravention of international law. A National Plan of Action would have an important function to ensure states and territories meet international obligations. (See Section 1.2, page 6) Consultation Mechanisms for involving children in decision-making in Australia are poor. From finding out what makes a good school, to understanding the special needs of indigenous, rural, or refugee children, or children with a disability or in out-of home care; Australia does not follow best practise for finding out and incorporating the views of children. Where legislation does require children to participate in the decisions made about them, there tends to be no

evaluation of how effectively this is achieved. Australia needs to learn more from examples of best practise for childrens participation and implement these mechanisms across public policy. (See Section 7 page 12) , Data and Monitoring The catalogue of things Australia does not know about its children is surprisingly large. Australia does not know the different reasons why its children live in out-of-home-care, we do not know about the reasons for and occurrence of suicide or attempted suicide in children and young people. Australia doesnt have nationally consistent data on indigenous communities and children. In order to begin creating and implementing policies and systems that help children, we need more information on their health, wellbeing, experiences and opinions. (See Section 1.5, page 7) A Childrens Commissioner is for many countries an important first step to appreciating the significance and breadth of child rights and child-centred approaches across public policy that the above findings represent. It is a mechanism for empowering a high office with the mandate to pursue these outcomes. It shouldnt be considered as a role, but rather the anchor of strategy to finally achieve a country fit for children. (See Section 1.3, page 7)

Children in Immigration Detention Children currently in detention (1048 at April 2011) live in facilities where they are under constant guard, not free to come and go and have limited access to services. Children are placed in these facilities upon their arrival and there is no limit on how long they will be there before being placed in community-based accommodation. (See Section 24, page 33) The report recommends numerous amendments to Australias immigration laws including: that the best interests of the child be upheld, including the preservation of family unity and special protection, assistance and support for unaccompanied children Children in out-of-home care The number of children in out-of-home care across Australia has increased by 51.5 per cent since 2005, with Aboriginal children almost ten times more likely to be placed in out-of-home care. Inadequacies in the care system range from: inappropriate placements of children; a shortage of care options; poorly supported home based carers; mental health issues exacerbated by (or caused in) care; poorer outcomes for young people in care than for the general populations in terms of health, education, wellbeing and development; abuse and neglect of children in care; Aboriginal children placed outside their communities; and inadequate

preparation for young people leaving care for independent living. (See Section 16, page 19) This report recommends that: data collection on the reasons that children are placed in out-of-home care is improved state and territory governments ensure young people are involved in planning for their transition from care and have access to appropriate kinds and levels of support services more culturally appropriate training and support is provided for prospective carer families. Children experiencing poverty and homelessness Almost half the people seeking specialist services for homelessness are aged under 18. Despite increased efforts and investments by governments to reduce the incidence of homelessness, shelters and other supported accommodation services are stretched to capacity. (See Section 21, page 28) The report recommends that: Australia improve the coordination and integration of services that intervene early and stop young people becoming homeless in the first instance

2011 Listen to Children Report - Executive Summary 3

 Australia place more emphasis on the voices of children and improve mainstream services so that they are more responsive to the needs of young people at risk of homelessness. Child and youth participation in decision-making Within education, there are few avenues for students to have an active voice in decision making. There is no national approach in seeking the views of children with a disability. In family law court proceedings, only in rare cases do children get to express their views directly to the judge. (See Section 7 page 12) , The report recommends that: Australia commit to inclusive, transparent and respectful participation of children in the development of laws and policies that affect them. Australia better resource child advocacy bodies to listen to the views of children and ensure that those views are heard by policy makers at all levels of government and at all stages of the development and implementation of law and policy. Children with disabilities Whilst Australias ratification of the Convention of the Rights of Persons with Disabilities, signing of a National Disability Agreement and subsequent National Disability Strategy were commendable, there are concerns over the scarcity of data on children with disabilities. There is also concern over the existing care and support resources available for children with disabilities and their families. Children with a disability miss out on crucial and early intervention services, support to assist with life transitions and support to prevent family or career crisis and breakdown. (See Section 18, page 23) This report recommends that: Australia improves the collection of disaggregated data on childhood disability and increase the level of formal, publicly accessible information on disability and disability services. Australia develops a national insurance scheme which provides effective family support and considers the needs and rights of all children in the family setting and that Australia commit to addressing long waiting times and inflexible respite services models. Mental Health The report expresses particular concern over the high rate of youth suicide, especially among Aboriginal children. The funding for mental health in Australia continues to be well below other Western countries. For children and young people who are seeking help, many do not receive timely access to appropriate services. Particular groups are at higher risk of mental health problems including indigenous children, children from refugee and migrant backgrounds, same sex attracted, gender questioning or gender diverse young people, young carers, children with disability and children in rural, regional and remote areas. (See Section 19.5, page 25) This report recommends that: Australia undertake further consultations with children and young people for the development and implementation of better outcomes in mental health Australia invests in early intervention services, training and development and provides necessary subsidies for costs of services so cost is not a barrier.

Australia improve data collection on attempted and completed suicides and provides better support to and evaluation of suicide prevention programs for children and young people. Rights in Early Childhood There is more to be done by Australia to support families in their child-rearing responsibilities. Without a national child rights framework, Australias commitment to provide support for children is based on the conventional political formula. Government policies do not sufficiently recognise the diversity of families that exist in Australia today and this has particular implications for indigenous children. (See Section 14, page 18) The Committee recommends that: Australia continue to support families through ensuring the availability of high quality, affordable and accessible child care facilities, assisting with the cost of raising a family through family assistance payments and supporting parents who work by providing adequate maternity and paternity leave entitlements. Australia take appropriate measures to strengthen current programs of family support and to evaluate whether such measures are effective for all family types and all children. Indigenous child/youth well-being Indigenous children are over represented in nearly every measure relating to the childrens Convention. Infant mortality rates for indigenous children are three times higher than non-indigenous children. Aboriginal children account for almost half of all homeless people in Australia under the age of 18, have higher rates of youth suicide, have comparatively limited access to education and are over represented in their experience of poor access to health services and inadequate standards of living. While the Federal Governments Closing the Gap strategy and initiatives have developed key targets to close this gap, there is still a long way to go. This Report recommends: Australia must provide more culturally appropriate training and support for carer families; Australia establish mother and baby clinics throughout Australia, in consultation with local indigenous peoples, so that every indigenous mother has access to a clinic; Australia ensures partnerships are fostered between Aboriginal communities, the education sector, community organisations, social workers, researchers, health workers and police; Australia works with Aboriginal children and communities to develop a policy agenda which recognises and facilitates the implementation of culturally sensitive and special measures to address the significant disadvantage that Aboriginal children suffer. The way forward is simple - to do better for all our children, Australia needs to learn to listen to children. A Childrens Commissioner, acting as the anchor of a National Plan of Action for Children and Young People, is the key to seeing the full realisation of childrens rights in Australia.

To access the full Listen to Children Report, visit www.childrights.org.au