UN statement confirms Australia must stop criminalising Aboriginal and Torres Strait Islander children
Gayaa Dhuwi (Proud Spirit) Australia welcomes the statement from the United Nations Committee on the Elimination of Racial Discrimination, which raises serious concerns about the persistent overrepresentation of Aboriginal and Torres Strait Islander children in Australia’s criminal justice system.
The Committee has made clear that this is not simply a youth justice issue. It is a human rights issue, a racial discrimination issue, and a social and emotional wellbeing and mental health issue.
The Committee’s statement recognises that the overrepresentation of Aboriginal and Torres Strait Islander children is not accidental. It reflects systemic racism across the systems that shape a child’s life, including policing, courts, detention, health, housing, education, disability, child protection and social support.
Gayaa Dhuwi is calling on all Australian governments to urgently raise the minimum age of criminal responsibility to 14, and to invest in Aboriginal and Torres Strait Islander-led alternatives that keep children connected to family, culture, community, care and Country.
Gayaa Dhuwi CEO, Rachel Fishlock said the UN statement confirms what Aboriginal and Torres Strait Islander communities, experts and organisations have said for decades.
“Our children are being criminalised for the failures of systems that should have protected, supported and cared for them. That is what systemic racism looks like, when children are punished for the harm, exclusion and neglect produced by the systems around them,” Ms Fishlock said.
“A ten-year-old child does not belong in a police cell, a courtroom or a detention centre. They belong with family, culture, community and care.”
The UN Committee raised concerns about structural racial discrimination, over-policing, racial profiling, inadequate healthcare in detention, solitary confinement, self-harm and suicide among Aboriginal and Torres Strait Islander children in detention. It also called on Australia to raise the age of criminal responsibility in line with international human rights standards.
Gayaa Dhuwi has consistently argued that raising the age of criminal responsibility is required in order to improve social and emotional wellbeing and mental health outcomes for our young people. Detention separates children from the protective factors that keep them safe and well, including connection to kin, culture, Country, education, identity and trusted relationships.
Gayaa Dhuwi Chair, Professor Helen Milroy AM said children’s social and emotional wellbeing must be understood through their connections to family, kin, culture, Country, community, spirit and identity.
“When children are criminalised or detained, those connections are disrupted at the very time they should be strengthened,” Professor Milroy said.
“For children who have experienced trauma, racism, disability, grief or unmet health needs, the response must be healing, care and culturally grounded support, not punishment.”
The statement also comes as the Australian Parliament considers racism, hate and violence directed at Aboriginal and Torres Strait Islander people. Gayaa Dhuwi said the inquiry must recognise that racism is not limited to individual acts of hate or abuse. It is also embedded in systems, institutions, laws and policy settings that expose Aboriginal and Torres Strait Islander children to policing, detention, trauma and harm.
Governments cannot say they are committed to Closing the Gap while continuing to allow laws that criminalise Aboriginal and Torres Strait Islander children as young as ten. The burden cannot continue to sit with children for the failures of systems.
ENDS
Gayaa Dhuwi reminds the public and media outlets of the importance of responsible and culturally respectful reporting when it comes to issues affecting Aboriginal and Torres Strait Islander communities. This includes adhering to the Good Yarn Guidelines and ensuring that crisis support services are promoted effectively.
24/7 crisis helpline services available to the community include:
13 YARN (139276) – a dedicated support line for Aboriginal and Torres Strait Islander people
Brother to Brother crisis line (1800 435 799) – providing support for men
Kids Helpline (1800 55 1800) – for young people in need of support
For further information, and resources, or to access support services, please visit www.gayaadhuwi.org.au
About Gayaa Dhuwi (Proud Spirit) Australia
Gayaa Dhuwi (Proud Spirit) Australia is the national peak body for Aboriginal and Torres Strait Islander social and emotional wellbeing, mental health, and suicide prevention. As a community-controlled organisation, it is governed and controlled by Aboriginal and Torres Strait Islander experts and peak bodies, working to promote collective excellence in mental healthcare.
Media Contacts:
Ben Signor
0448 627 820
communications@gayaadhuwi.org.au
www.gayaadhuwi.org.au