Lawyers lodge complaint with UN over new youth justice laws

Indigenous groups have backed a complaint from human rights lawyers to the United Nations that youth justice laws in Australia are discriminatory.

The Human Rights Law Centre has filed a complaint to the United Nations Committee on the Elimination of Racial Discrimination, arguing that Federal, State and Territory policies have led to “persistent and escalating racial discrimination and human rights violations against Aboriginal and Torres Strait Islander children”.

“It’s very clear that overwhelmingly the majority of children being impacted by these draconian and punitive laws increasingly being passed across Australia are Aboriginal and Torres Strait Islander children,” Dr Hannah McGlade, a law professor at Curtin Law School in WA, told the ABC.

The complaint raises issues over recent new laws that are aimed at changing bail conditions and seeing children under 14 jailed.

Australian Institute of Health and Welfare data shows that on average night last year 722 young people aged 10 to 17 were in detention. And the majority were Indigenous.

Lawyers allege governments have prioritised investment in police and prisons over public housing, support services and prevention measures.

Dr McGlade told the ABC Australia was out of step with international best practice.

“Incarceration of children should only be a matter of last resort,” she said.

The UN committee has no legal standing and cannot enforce any ruling it may make.

In Australia State and Territory governments are responsible for child protection, youth justice and detention.

The complaint contains 24 recommendations, including proactive measures tom protect indigenous children from harm.

Productivity Commission figures state Australian government collectively spent more than $1 billion incarcerating children in 2023-24.