In general terms, they have been developed upon an assumption that consultation and participation in service delivery are adequate responses to Indigenous needs. Even consultation has been lacking in many areas of legislative change and policy development in issues directly affecting the likelihood of removal of Indigenous children and young people from their families and communities. State and Territory policy and practice are often affected by on racial discrimination, in particular, by indirect discrimination. The evidence presented to the Inquiry indicates that Indigenous children and young people do not receive equal treatment before the law. The juvenile justice system produces massive levels of criminalisation and incarceration of Indigenous youth.
Indigenous children are grossly over-represented at each stage of child welfare intervention.
The failure to ensure equality before the law breaches article 26 of the International Covenant on Civil and Political Rights . It breaches article 5 of the International Convention on the Elimination of All Forms Racial Discrimination which requires States to prohibit and eliminate racial discrimination. Article 2 of the Convention requires state parties to implement policies to eliminate racial discrimination. These policies include reviewing government legislation and practices which have the effect of creating or perpetuating racial discrimination. Cultural renewal is another evaluation criterion established by the Inquiry.