The paper argues that -
Many children in Australia are able to fully enjoy their human rights. However, the rights of some children are vulnerable.The discussion reflects the 20th anniversary of Australia’s ratification of the United Nations Convention on the Rights of the Child (CROC) and the April 2010 announcement by the Australian Government of the Australian Human Rights Framework, which features a re-affirmation of the national commitment to human rights obligations under seven core United Nations human rights treaties, including the CROC.
An independent national Children’s Commissioner with the power and mandate to listen to, understand and advocate for children could play an important role in promoting and protecting the rights of all children in Australia, particularly of those who are most at-risk.
In particular, a national Children’s Commissioner could operate as a national advocate for children’s rights; ensure that government decision making processes and outcomes are consistent with the best interests of children; develop mechanisms to secure the participation of children in decisions that affect them; and provide a coordinated national approach to children’s rights.
Human rights provide a clear framework for promoting, and for ensuring accountability in respect of, child wellbeing. By establishing the office of a national Children’s Commissioner, the Australian Government would take an important step towards meeting its international obligations to protect and promote the rights of children in Australia.
The paper explores "the potential contribution that a national Children’s Commissioner could make", considering -
+ What are children’s rights and where do we find them?The paper notes that the UN Committee on the Rights of the Child has raised two concerns as part of its concluding observations on Australia’s efforts to protect the rights of children. First, the Committee has expressed concern that there is no national commissioner with a specific mandate for monitoring children’s rights. Second, while acknowledging the valuable work of the Australian Human Rights Commission in the area of children’s rights, the Committee has noted that there is no unit devoted to children’s rights at the Commission.
+ What are the most pressing human rights issues facing children in Australia?
+ Why does Australia need a national Children’s Commissioner?
+ What could a national Children’s Commissioner do?
+ What are the essential features of a national Children’s Commissioner?
+ Are there Children’s Commissioners in other places?
The AHRC unsurprisingly concludes that -
By establishing the office of a national Children’s Commissioner, the Australian Government would take an important step towards meeting its international obligations to protect and promote the rights of children in Australia.We might not, of course, choose to be driven by particularist international obligations and instead choose to protect/represent children using the existing AHRC structure. We might more broadly contemplate protection for other groups outside specific international agreements. Given ongoing homophobia why not a Commissioner for LGBTIQ people. A Commissioner for the Aged, a group who are often 'out of sight, out of mind' and who suffer from violence, neglect and other outrages? Presumably there will be calls for a Commissioner for Rural Australia, as parties jostle for position ahead of a national election (in the first half of next year).
