2 March 2004
Giving children a voice is in the 'best interests of the child'
Federal Human Rights Commissioner Dr Sev Ozdowski has welcomed a ground breaking program introduced by the Family Court which will give judges more control of custody cases and allow children more of a say in their future.
The Commissioner said he welcomed the introduction of the pilot program of 100 cases which began yesterday.
"It is a positive step for the Family Court to move away from an adversarial system of justice to one where judges can decide what issues are relevant and what evidence is received," said Dr Ozdowski.
"This is an important move towards strengthening the voices of children involved in these proceedings and helps ensure that general principles under the Convention on the Rights of the Child (CRC) are adhered to."
The CRC is incorporated in federal law as part of the human rights responsibilities of the Human Rights and Equal Opportunity Commission.
"Human rights are children's rights too and protecting their rights is a very important part of the Commission's work," Dr Ozdowski said.
"This new Family Court program should assist in upholding Article 3.1 of the CRC, which states in all actions concerning children, including courts of law, 'the best interests of the child shall be the primary consideration'.
The scheme should also help the court to incorporate the views of children, in line with Article 12.1 of the CRC, which states 'any child capable of forming a view has the right to express views freely in all matters affecting him or her'.
Media contact: Paul Oliver (02) 9284 9880 or 0408 469 347
Last updated 2 March 2004.
