NGOs push to end the human-rights suffering of children caught in the country's judicial system
Carmela Ferraro Guardian Weekly, Tuesday 23 October 2012
The idea for this series originated at a meeting of the board of Children’s Rights International (CRI; www.childjustice.org), of which I am a member and which is chaired by former Chief Justice of the Family Court, The Hon. Alastair Nicholson AO RFD QC. There are two other former judges on the board, some additional lawyers and several members from other professions. We wanted to establish a forum where members of the medical and legal professions would come together to discuss children’s rights and to explore the many areas in which the interests of the two professions overlap. To provide structure, we proposed that we would base the meetings on the various clauses of the UN Convention on the Rights of the Child. Our aim was to educate and stimulate discussion in a scholarly atmosphere, assisted by respected, well-informed speakers. It flowed naturally that CRI would invite the RCH Alumni to collaborate in hosting the series, and that meetings would then alternate between RCH, where the Alumni would be hosts and the University of Melbourne Law School, where CRI would be the host organisation. We further invited Dr Linny Phuong, Founder and Chair of the Water Well Project and a Fellow in Infectious Diseases at RCH, to be a member of the organising committee because of her extensive connections with young doctors.
Sarah Sedghi reported this story on Thursday, February 12, 2015 12:20:00, The World Today, ABC Radio
ELEANOR HALL: Child rights advocates are supporting the Human Rights Commission's recommendation to release all children from immigration detention, including the 119 children in Nauru.
They say the report is not the first to draw attention to the harm detention inflicts on children but that its findings are clear and it's time to act.
Sarah Sedghi reports.
SARAH SEDGHI: It's been more than a decade since the Human Rights Commission last investigated the detention of asylum seeker children.
The latest investigation which began last year found that detention causes children significant mental and physical harm.
It documented cases of assaults and self-harm.
ALASTAIR NICHOLSON: This is, I think, one of the most disgraceful episodes in Australian history, the treatment of children in detention.
And this is an objective and clear account of the evidence that really should make us all ashamed of this behaviour.
How any Australian government could justify this on any basis is beyond me.
Read more: Child rights advocates support call to release children from immigration detention
In 1995 the Hon. Alastair Nicholson, then Chief Justice of the Family Court of Australia, raised the issue that Australia was failing its international obligations by holding children in detention centres. His comments were published in an article titled 'Judge damns refugee camps', by Chip Le Grand, The Australian, Thursday 20th of July 1995 (Edition: Sydney). The full text of the 1995 article is reproduced below; it seems that in 20 years little or nothing has changed.
AUSTRALIA was failing its international obligations by detaining child refugees in "virtual concentration camps" in the wilderness of the outback, the head of the Family Court, Justice Alastair Nicholson, said yesterday.
Justice Nicholson said it was intolerable and unnecessary to intern Chinese and Cambodian children among asylum-seekers at the remote Port Hedland detention centre in Western Australia as though they were "a danger to Australian society". He said the policy was at odds with Australia's status as a signatory to the United Nations Convention on the Rights of Children and nominated the Family Court, with its powers to protect children, as a possible avenue for legal challenges to the detention system.
Article 6 in the convention: Children have the right to live a full life. Governments should ensure that children survive and develop healthily.
Article 9 in the convention: Children should not be separated from their parents unless it is for their own good. For example, if a parent is mistreating or neglecting a child. Children whose parents have separated have the right to stay in contact with both parents, unless this might harm the child.
Read more: CHILDREN'S RIGHTS TO PROTECTION - FROM WHOM AND FROM WHAT?
In this podcast, Managing Partner Sally Nicholes is joined by the Honourable Alastair Nicholson QC, former Chief Justice of the Family Court of Australia and Chairman of the Board of Children’s Rights International. In the podcast, Sally and Alastair discuss Children’s Rights International as an incredible organisation whose mission aligns closely with that of Nicholes Family Lawyers in that it aims to protect and advance the human rights of children throughout the world.
Members of CRI participated in the 2015 Walk for Justice to raise the awareness of the public to the plight of children in detention. The walk also aimed to convey to policy makers of all political persuasions that the current policies are in contravention of the United Nations conventions to which Australia is a signatory, and contrary to human rights, the rights of children and the rule of law, all of which Australia purports to support.
We have posted some of our past video presentations and will add others as they are produced. We will also link to additional video presentations that promote or advance the rights of the child, juvenile justice and general human rights in the interest of public information and education.
by the Hon. Alastair Nicholson AO, RFD, QC
This report follows on from my recent Cambodian visit in July 2015.
With the assistance of substantial donations from the World Congress on Family Law and Children’s Rights and a generous private donor we have been able to plan two seminars to be held in Phnom Penh on 12-13 November and Siem Reap on 16-17 November 2015. This is most welcome because for an unfortunate number of circumstances we were unable to maintain the momentum generated by our 2012-13 programs through 2014 as we had planned.
My July visit was intended to plan these seminars in discussions with interested parties, including the Cambodian Ministry of Justice, senior members of the judiciary in Cambodia and UNICEF. The location of the seminars was selected by the Ministry of Justice and the participants will come from the populous Phnom Penh area in the case of the first one and the three adjoining provinces of Siem Reap, Banteay Meanchey and Battambang in the case of the second.
It is proposed that these seminars will be repeated in different parts of the country in 2016-17, together with such other programs that may be developed, particularly if the Juvenile Justice legislation is passed, or recommendations for specialist judges are accepted.
As a result of my discussions with UNICEF Cambodia we now have an additional project for 2015, namely to support a visit by about 8 senior Cambodian visitors to Melbourne to gain further familiarity with the Victorian child justice system, which we expect to take place in October 2015.
UNICEF have also indicated willingness to become involved and support the seminars as well. We worked closely with UNICEF in our 2012 programs in Cambodia and it is pleasing that this co-operation continues.
The Australian Human Rights Commission and the Australian Child Rights Taskforce invite you to a special discussion on the rights of children in Australia, as well as to launch CRC25 - the Australian Child Rights Progress Report.
Event details: Friday, 10th June 2016. 12:30pm - 1:30pm. At the Australian Human Rights Commission, L3, 175 Pitt St, Sydney.
How has the situation improved for children since Australia ratified the Convention on Rights of Child was ratified in Australia in 1990? Where has there been a lack of progress?
Please register: https://crc25.eventbrite.com.au
Constitutional change is key to a strong treaty with Indigenous Australians
by the Hon. Alastair Nicholson AO, RFD, QC
Published in Arena Magazine no. 141, April-May 2016: www.arena.org.au
The Aboriginal leader Djiniyini Gondarra has said:
‘The survival of the Aboriginal people relies on changes to the Constitution and the establishment of a Treaty. The Treaty needs to be born out of the people who have a strong connection with land, culture, spirituality and law rather than being established by government or a committee formed by government. It should be established by the people that maintain tradition because the necessary tools are already in place.’
The purpose of this article is to support the views expressed by Djiniyini Gondarra in the above quote: first, the need for changes to the Constitution; second, the establishment of a treaty; and, third, that it needs to be born out of the people concerned, who have a strong connection with land, culture, spirituality and law, rather than being established by government or a committee formed by it.