The United Nations Committee on the Elimination of Racial Discrimination (CERD) has issued a stark warning regarding the persistent systemic discrimination faced by Aboriginal and Torres Strait Islander children within Australia’s youth justice system. Despite representing merely 6.5% of children aged 10 to 17, Indigenous children now account for approximately 65% of youth in detention on an average day in 2023-24. These alarming statistics underscore deep-rooted structural inequities that extend beyond the justice system and permeate access to education, healthcare, housing, and social security. More details on this issue can be found here.
The Committee highlighted critical concerns surrounding practices such as racial profiling and over-policing which exacerbate vulnerabilities for Indigenous youth, heightening their risk of arrest, prosecution, and eventual detention. Moreover, CERD has criticized Australia’s minimum age of criminal responsibility, which remains as low as ten years in some jurisdictions. The committee expressed deep reservations about certain legal frameworks allowing children to receive severe adult penalties, including life imprisonment.
Detention conditions for Indigenous children remain another significant concern, with reports of prolonged solitary confinement, inadequate healthcare, and ill-treatment, further compounding the challenges these children face. Practices like the use of spit hoods and evidence of self-harm and suicide have been particularly alarming. This situation is compounded by international scrutiny, as highlighted in January 2024, when human rights organizations censured the Victorian Government over alleged mistreatment of children in youth prisons.
In a related concern in 2025, UN Special Rapporteurs addressed the controversial Making Queensland Safer (Adult Crime, Adult Time) Amendment Bill 2025. This proposed bill aimed to expand offences eligible for adult sentencing for children, potentially deepening the adversity faced by Indigenous youth already disproportionately impacted by the criminal legal system. The Special Rapporteurs emphasized the bill’s incompatibility with fundamental child rights.
While Australia has initiated steps including the establishment of the National Commission for Aboriginal and Torres Strait Islander Children and the National Justice Reinvestment Program, CERD’s statement indicates a pressing need for more effective measures. The lack of substantial data on the effectiveness of these strategies in addressing Indigenous overrepresentation remains a pivotal concern.
This development is part of an evolving narrative that calls for intensified efforts to eradicate racial discrimination within Australia’s youth justice framework, ensuring the rights and dignity of Indigenous children are rigorously upheld.