Shepparton News

It’s time to do justice to our children

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At 10 years of age a child will lose four baby teeth;

Is still watching PG rated films;

Isn’t allowed a Facebook page;

And can be sent to prison.

Yes, that’s right. In Australia a 10-year-old can be sent to prison.

We all know children belong in classrooms and playground­s, not in handcuffs, courtrooms or prison cells.

And everyone knows that children do best when they are supported, nurtured and loved.

This was acknowledg­ed internatio­nally when, in September, 2019, the United Nations Committee on the Rights of the Child recommende­d that all nations raise the age of criminal responsibi­lity to 14.

In February last year, in response to increasing calls to address this issue, the Council of AttorneysG­eneral (CAG) opened a public consultati­on.

More than 80 submission­s from Aboriginal and Torres Strait Islander organisati­ons, human rights, medical and legal bodies and academics across Australia presented overwhelmi­ng evidence that children at this age do not have the mental capacity, nor have they reached a stage of moral developmen­t, to fully understand the impact or consequenc­es of their behaviour.

The evidence also noted that it is overwhelmi­ngly Aboriginal and Torres Strait Islander children who are being disproport­ionally impacted by these laws and pushed into prisons, making up 65 per cent of these younger children in prisons.

The low age of criminal responsibi­lity is a key driver of their contact with police and the justice system.

The resulting report, based on this evidence, recommende­d the age be raised to 14.

Despite this report and over 100,000 people signing a petition calling on government­s to raise the age, a meeting of federal, state and territory Attorneys-General in July last year to consider the report failed to act decisively. Instead it ‘‘identified the need for further work to occur regarding the need for adequate processes and services for children who exhibit offending behaviour’’.

There was no timeline given for when a decision would be made and repeated efforts to have the report made public in the interest of transparen­cy and public accountabi­lity, have been ignored.

IT IS APPALLING FOR AUSTRALIA THAT FIVE YEARS SINCE THE LAST UNIVERSAL PERIODIC REVIEW, ABORIGINAL AND TORRES STRAIT ISLANDER PEOPLE REMAIN THE MOST INCARCERAT­ED PEOPLE ON EARTH...

— PRISCILLA ATKINS

Only the ACT has agreed to show national leadership, committing in November last year to work towards raising the age.

In June this year, the UN’s Universal Periodic Review, which involved 30 other countries scrutinisi­ng our human rights record, recommende­d that Australia raise the age of criminal responsibi­lity so young children as young as 10 are not prosecuted and jailed.

These recommenda­tions were rejected by the Australian Government.

Commenting on the Federal Government’s response, Priscilla Atkins, NATSILS co-chair, said: ‘‘It is appalling for Australia that five years since the last Universal Periodic Review, Aboriginal and Torres Strait Islander people remain the most incarcerat­ed people on earth, with a horrifying number of our young people trapped in the quicksand of the so-called justice system.

‘‘This Universal Periodic Review has been a missed opportunit­y for the Australian Government to reimagine the justice system and commit to ending the over-incarcerat­ion of our people, first and foremost by raising the age of criminal responsibi­lity to at least 14.’’

This was echoed by Meena Singh, Human Rights Law Centre legal director, who said: ‘‘Australia was given an opportunit­y to show national and internatio­nal leadership by committing to raise the age of criminal responsibi­lity and accepting other vital recommenda­tions.

‘‘Instead, it continued to fail Australian children, particular­ly Aboriginal and Torres Strait Islander children, by refusing to raise the age. This means 10-year-old kids will continue to be prosecuted and locked up, and put on a path to adult offending.

‘‘Children belong in playground­s, not in police and prison cells’’.

As Sophie Trevitt, executive officer of Change the Record, Australia’s only national Aboriginal-led justice coalition, pointed out, in the 12 months since the federal, state and territory government­s failed to progress this vital reform, almost 500 children around the country have been incarcerat­ed.

These figures are shocking.

Pause for a minute to consider a child you know who is 10 years old.

At this age, ‘‘children’s brains are still developing throughout these formative years where they have limited capacity for reflection before action,’’ the Raise the Age Campaign says.

‘‘Children in grades four, five and six are not at a cognitive level of developmen­t where they are able to fully appreciate the nature of their actions or the lifelong consequenc­es of being labelled a criminal.

‘‘Children aged 10 to 13 years lack emotional, mental and intellectu­al maturity to really understand the consequenc­es of their actions — this is why locking kids up is not only cruel, it doesn’t work.

‘‘The best way to prevent future offending, to make our communitie­s safer and to give children the best possible chance of a good life, is to support and build the capacity of families, engage and support kids to stay in school, address family violence and housing instabilit­y, and identify and respond to health and disability needs.’’

We all understand every child deserves to be healthy and the opportunit­y to reach their potential. In order to achieve this goal, more must be done to ensure children receive help and support including better access to mental health care, mentoring, education and employment opportunit­ies.

Aboriginal and Torres Strait organisati­ons and communitie­s know what needs to be done to help and support their children: they know community-run services keep families together.

When kids make mistakes, what they need is support and guidance, not being targeted by police and locked in prison.

In recognitio­n of the importance of this issue, Queensland Greens MP Michael Berkman recently proposed a private members bill to raise the age of criminal responsibi­lity.

The bill, introduced on September 15, would lift the age of criminal responsibi­lity from 10 to 14 years in Queensland.

Mr Berkman said the current laws were ineffectiv­e, out of line with internatio­nal jurisdicti­ons and in breach of human rights obligation­s.

We need the federal, state and territory government­s to show real leadership, to stop delaying and to commit to raising the age of criminal responsibi­lity now.

To do anything else is to fail our Australian children.

So what can you do to support the #Raise the Age Campaign?

Sign the petition at https://www.raisetheag­e .org.au/

Read the submission­s to the Council of AttorneysG­eneral at https:/ /www.raisetheag­e.org. au/cag-submission­s

Write to your state and federal MP’s calling on them to raise the age of criminal responsibi­lity to 14 years. Visit https://www. changether­ecord.org.au/ RaiseTheAg­e for details to write to the Victorian Premier.

Watch the film Incarcerat­ion Nation on SBS On demand.

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 ?? Picture: AAP Image/Victorian Council of Social Service ?? Push for change: Legal and advocacy group members hold a protest with a replica child’s prison cell on the steps of Parliament House in Melbourne in November, 2017. Australia is ‘‘shamefully behind’’ when it comes to the age of criminal responsibi­lity and kids as young as 10 should not be locked up, a coalition of Victorian child welfare experts says.
Picture: AAP Image/Victorian Council of Social Service Push for change: Legal and advocacy group members hold a protest with a replica child’s prison cell on the steps of Parliament House in Melbourne in November, 2017. Australia is ‘‘shamefully behind’’ when it comes to the age of criminal responsibi­lity and kids as young as 10 should not be locked up, a coalition of Victorian child welfare experts says.

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