Children's Rights
What’s new?
HREOC has an official role to protect and promote the rights of children and young people.
- Click here for 'How does HREOC promote the rights of children and young people?'
In January 2008, the Australian Government will be reporting to the United Nations on its commitment to children’s rights under the CRC.
Young people may have their right to vote in a federal election restricted as a practical matter.
- Click here for ‘The right to vote is not enjoyed equally by all Australians’
Are you a student or young person looking for human rights information? See the Information for Students page.
Do you think you have been discriminated against because of your age? Go to our Complaints page for information on how to make a complaint to HREOC.
You can also make a complaint if you think your human rights (including the rights under the Convention on the Rights of the Child) have been breached. Go to our Complaints page for information on how to make a complaint to HREOC.
What are children’s rights?
Human rights are children's rights too. International human rights instruments recognise that children as well as adults have basic human rights. Children also have the right to special protection because of their vulnerability to exploitation and abuse.
In November 1989 the United Nations General Assembly adopted the Convention on the Rights of the Child (the CRC). The CRC is the most widely ratified human rights treaty in the world . There are only 2 countries, which have not signed the CRC; the United States of America and Somalia.
The CRC incorporates the whole spectrum of human rights - civil, political, economic, social and cultural - and sets out the specific ways these rights should be ensured for children and young people. The CRC recognises that the degree to which children can exercise these rights independently is influenced by their evolving maturity. It also emphasises the rights and responsibilities of parents where applicable.
Some of the core principles in the CRC are:
- the right to survival and development;
- respect for the best interests of the child as a primary consideration;
- the right of all children to express their views freely on all matters affecting them; and
- the right of all children to enjoy all the rights of the CRC without discrimination of any kind.
Australia ratified the CRC in December 1990, but it has not yet been incorporated into Australian law. Nevertheless, HREOC has the role of monitoring Australia’s compliance with the CRC.
Current projects on Children’s Rights
- In January 2008, the Australian Government will be reporting to the United Nations on its commitment to children’s rights under the CRC.
- Click here for HREOC’s recent paper on ‘Australia’s commitment to children’s rights and reporting to the UN’
Past projects on Children’s Rights
Promoting and protecting children's rights is an important part of HREOC’s work. Some key past projects include:
- Rights of Passage: A Dialogue with Young Australians about Human Rights (November 2005)
- A last resort? - Report of the National Inquiry into Children in Immigration Detention (May 2004)
- National Inquiry into Rural and Remote Education (August 2000)
- HREOC’s participation in the UN Special Session for Children (May 2002)
- Seen and heard, the report of the national inquiry into children in the legal process (November 1997)
- Mandatory detention of juvenile offenders in WA and NT (February 2000)
- Age Matters: a report on age discrimination (June 2000) examines a number of age distinctions made in Australian law and policy, many of which adversely affect children and young people.
- Submission to the Inquiry by the Joint Standing Committee on Treaties into the Status of the Convention on the Rights of the Child (July 2000)
Information Briefs on Children’s Rights
- Best Interests of the Child: Human Rights Brief No.1 (March 1999)
- Sentencing Juvenile Offenders: Human Rights Brief No. 2 (June 1999)
- Best Practice Principles on the Diversion of Juvenile Offenders: Human Rights Brief No. 5 (September 2001)
Last updated: March 5, 2008 .
