Reporting to the UN Committee on the Rights of the Child
- What is the Convention on the Rights of the Child and its Optional Protocols?
- What is the UN Committee on the Rights of the Child?
- How does Australia engage with the UN Committee?
- What is the role of the Australian Human Rights Commission?
- How do NGOs engage with the UN Committee?
In 2011-12, the UN Committee on the Rights of the Child will be considering Australia’s progress in implementing the Convention on the Rights of the Child (CRC) and its Optional Protocols.
The Australian Human Rights Commission has made a submission to the UN Committee on the Rights of the Child, providing it with information on child rights in Australia, including recommendations for Australian Government action on child rights. This information will assist the UN Committee to monitor Australia’s progress.
In May 2012, the Commission also provided the UN Committee with additional information on the issues raised in its submission.
What is the Convention on the Rights of the Child and its Optional Protocols?
The Convention on the Rights of the Child is the most widely ratified human rights treaty in the world. It contains a full range of human rights – civil, cultural, economic, political and social rights. Australia ratified the CRC in December 1990. This means that Australia has a duty to ensure that all children in Australia enjoy the rights set out in the treaty.
Australia has also ratified two Optional Protocols under the CRC for the protection of particularly vulnerable children:
- Optional Protocol to the Convention on the Rights of the Child on the Sale of Children, Child Prostitution and Child Pornography
- Optional Protocol to the Convention on the Rights of the Child on the Involvement of Children in Armed Conflict.
A third Optional Protocol, creating an individual complaints mechanism, is currently being developed.
What is the UN Committee on the Rights of the Child?
The Committee on the Rights of the Child is a UN body which monitors the implementation of the CRC and its Optional Protocols by States Parties to the Convention. It is made up of 18 independent ‘experts’ from a range of countries. The Committee holds regular sessions every year to review reports by the States Parties on their progress in fulfilling their obligations under the CRC.
The UN Committee can make suggestions and issue recommendations to governments, called Concluding Observations.
How does Australia engage with the UN Committee?
As a State Party to the CRC, Australia must submit regular reports to the UN Committee on how the rights are being implemented. It must submit an initial report two years after acceding to the CRC, then every five years.
In 2008 the Australian Government submitted to the UN Committee its fourth report under the CRC. The Australian Government’s reports to the UN Committee are published on the Attorney-General’s website here.
The Australian Government is also invited to appear before the UN Committee in 2012 to discuss the report in more detail. In the period leading up to Australia’s appearance, the UN Committee has compiled a List of Issues requesting further information from Australia. The List of Issues is published on the UN website at: http://www2.ohchr.org/english/bodies/crc/crcwg59.htm
What is the role of the Australian Human Rights Commission?
As the country's national human rights institution, the Commission has an independent role in international treaty reporting. The Commission has made an independent submission to the UN Committee, which presents some information on Australia’s compliance with the Convention. The Commission’s submission does not cover all the issues relevant to Australia’s implementation of the CRC, but instead concentrates on those areas where the Commission has had recent evidence or data. It includes recommendations for Australian Government action across a range of areas. You can read it here.
In addition to making a submission to the UN Committee, the Commission may meet with the UN Committee on the issues raised in its submission and provide it with additional material to assist in its consideration of Australia’s report.
In May 2012, the Commission also provided the UN Committee with additional information on the issues raised in its submission.
How do NGOs engage with the UN Committee?
The UN Committee can look at any information it considers important when reviewing Australia’s record on children’s rights. This may include information from non-government organisations (NGOs) and community groups in the form of a ‘shadow’ report. Shadow reports generally provide an alternative view about the government’s performance on children’s rights. In 2011, the Child Rights Taskforce has prepared a shadow report, Listen to Children: Child Rights NGO Report Australia. For more information about Australian NGO engagement with the UN Committee on the Rights of the Child, see Child Rights NGO Report website.
