Chapter 1: My work to promote children’s rights during 2013-2014 Introduction This chapter reports on the work I have undertaken throughout the past year to promote discussion and awareness of matters relating to the human rights of children and young people in Australia. It also discusses the progress of the recommendations that I made in my first statutory report. My major project during 2014 on intentional self-harm, with or without suicidal intent, in children and young people is reported in Chapter 3. My first statutory report to Parliament was released in 2013. It outlined five key themes to guide my work as National Children’s Commissioner. These themes were identified following national consultations (the Big Banter) at the commencement of my term, as well as from considering the human rights issues identified by the United Nations Committee on the Rights of the Child in its Concluding Observations on Australia’s compliance with its obligations under the Convention on the Rights of the Child (CRC) in June 2012. key themes are: A right to be heard: children’s voice and participation in decision-making processes; specifically involving children in issues that affect them; and ensuring that existing mechanisms for resolving disputes are accessible and available to children. Freedom from violence, abuse and neglect: ensuring safe environments and respect for the dignity of the child; specifically making sure that the commitments made in national frameworks are achieved and built upon, through adequate resourcing and action; encouraging a proactive approach to issues of child safety that places a premium on prevention, through enabling safe communities and environments for children; and building resilience among our children. The opportunity to thrive: safeguarding the health and wellbeing of all children in Australia, which includes promoting and supporting children through early intervention and prevention; and identifying and focusing on the most marginalised and vulnerable children. Engaged citizenship: promoting engaged civics and citizenship through education and awareness-raising. Action and accountability: taking deliberate and proactive steps to protect the wellbeing and rights of children, specifically by collecting comprehensive national data about the wellbeing and human rights of Australia’s children;
The Statement of Compatibility with Human Rights accompanying the Bill stated children’s rights were not engaged. The PJCHR commented that the measures contained in the Bill may give rise to human rights concerns and noted that the Bill is being considered by the Senate Finance and Public Administration Legislation Committee. 19/03/2014 Independent National Security Legislation Monitor Repeal Bill 2014 The Bill sought to abolish the Office of the Independent National Security Legislation Monitor (the Monitor). The Statement of Compatibility with Human Rights accompanying the Bill stated children’s rights were not engaged. The PJCHR commented that it is unable to conclude that the measures contained in the Bill would be compatible with human rights, given the Monitor’s role to oversee intelligence services and consider human rights obligations. The PJCHR further commented that it would give further consideration to the human rights compatibility of the Bill in the future. 20/03/2014 Regulatory Powers (Standard Provisions) Bill 2014 The Bill sought to establish a framework of standard monitoring and investigation powers for government regulators. The Statement of Compatibility with Human Rights accompanying the Bill stated children’s rights were not engaged. The commented that it was unable to conclude that the measures in the Bill would be compatible with human rights because compatibility would depend on the application of the powers, which would require enacting legislation and therefore a case by case assessment of compatibility with human rights. 15/05/2014 Australian National Preventive Health Agency (Abolition) Bill 2014 The Bill sought to abolish the Australian National Preventive Health Agency (ANPHA) to remove overlapping responsibilities between it and the Department of Health. The Statement of Compatibility with Human Rights accompanying the Bill stated children’s rights were not engaged. The commented that, while the purpose of the Bill is to better coordinate and re-allocate the activities of ANPHA, any consequent reduction in effective health activities could result in a limitation of the right to health.
This type of information is invaluable and should inform the ways that resources and interventions are developed and targeted to children and young people. Focusing on the concerns identified through the contacts by children and young people is important because this may assist us to know how we can effectively meet their needs. The Northern Territory Council of Social Service told me: Valuing the contributions young people make to society and ensuring that there are legitimate pathways for young people‘s views to be actively heard will make a marked difference to the overall mental health and incidence of suicide currently experienced. The data I received from NCIS, ABS, AIHW and Kids Helpline has been invaluable and has informed some of my recommendations. to from here? I hope that my examination of non-suicidal self-harm and suicidal behaviour can be a blueprint for identifying some of the issues that can inform the development of a specific national research agenda for children and young people who are engaging in non-suicidal self-harm and suicidal behaviour. The submission by the Black Dog Institute recommended the development of a ‘new national suicide prevention research agenda for children and young people’. The Orygen Youth Health Research Centre made a similar recommendation and pointed out to me: one of the key things lacking in Australia’s approach to the prevention of suicide and self-harm among young people is a truly strategic approach towards developing a research agenda which can be used to inform best practice. The submission by Orygen Youth Health Research Centre also told me: Australia has numerous organisations with specific expertise in suicide prevention, including [Orygen Youth Health Research Centre], headspace, and the Young and Well Cooperative Research Centre that together hold the expertise and infrastructure to lead the way in a collaboration of this nature. Currently the Standing Committee on Child and Youth Health is developing the National Child and Youth Strategic Framework (the National Strategic Framework). The National Strategic Framework is an Australian Health Ministers’ Advisory Council funded project and is being progressed through its Community Care and Population Health Principal Committee. The National Strategic Framework will assist in developing national service strategies that outline roles and responsibilities and establish priorities. The National Strategic Framework could make establishing a national research agenda for children and young people engaging in non-suicidal self-harm and suicidal behaviour a focus area.