The United Nations will be asked to consider whether though new laws aimed at youth crime are racially discriminatory. The group of First Nations legal and human rights groups have lodged the complaint. They say laws which crack down on bail, allow children under 14 to be jailed and remove the principle of detention as a last resort – are hurting Indigenous children. They have also criticised the use of spit hoods, solitary confinement and strip searches on young people. Human Rights Lawyer Dr Hannah McGlade spoke to the ABC’s Indigenous Affairs Team.
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00:00We've seen an escalating pattern across Australia with several jurisdictions passing laws that
00:09violate international standards, international human rights law that relates to children.
00:16And we know that it's Aboriginal children who are especially impacted.
00:20We believe that the situation deserves the urgent attention of the UN Committee on the
00:25Elimination of Race Discrimination.
00:28We know Aboriginal children are actually losing their lives from some of these cruel, inhumane
00:32practices and laws that are happening across the country.
00:36And it needs to stop.
00:37These are vulnerable children who deserve our utmost support and protection.
00:43The research is, as we've pointed out, that Aboriginal children fare worse at every stage
00:48of the legal system.
00:50There's no disputing that they are more likely to be charged than cautioned, arrested and
00:55incarcerated.
00:56And that their vulnerability is actually stemming from a long history of inequality that hasn't
01:02been addressed.
01:04And this includes an ongoing problem of racial profiling today.
01:09So we are absolutely clear in our report, which is considered, that this is a form of
01:14discrimination.
01:16The National Children's Commissioner, Anne Holland, released her report last August into
01:21this issue, helped way earlier, and she made important recommendations for the Federal
01:25Government.
01:27That report hasn't been responded to and those recommendations are not under consideration,
01:32which is very disappointing and unacceptable, actually.
01:36The tough-on-crime, law-and-order approaches are failing and, in fact, the younger you
01:42incarcerate a child, the more likely the child is to become a repeat offender.
01:48So incarceration is actually leading to unsafe communities.
01:55Now, this evidence is not generally known by the public or the politicians who want
02:00a quick fix and who don't really seem to be concerned about the outcome of this approach.
02:07But many Australians, I think, are becoming increasingly aware that this approach simply
02:14isn't working.
02:15And I think there'd be many people who are shocked and horrified that we have laws across
02:20the country that are seriously out of step with international human rights standards
02:25and that are costing Australian taxpayers enormous amounts of money that we can't afford,
02:30that are diverted from essential public services that we all need, and that are making our
02:36communities more unsafe, actually.