The Sub-Group on Indigenous Children and Young People
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General Comments on the Rights of Indigenous Children

General Comment on the Rights of Indigenous Children available in six languages here.

This important document provides guidance to States Parties on how to interpret the United Nations Convention on the Rights of the Child for Indigenous children. It was developed by the UN Committee on the Rights of the Child in consultation with the UN Permanent Forum on Indigenous Issues and the Working Group on Indigenous Child Rights, NGO Group.

‘Listen To Children’ - 2011 Child Rights NGO Report Australia Key Recommendations for Aboriginal and Torres Strait Islander Children

The Listen to Children Report highlights that Aboriginal and Torres Strait Islander children are suffering some of the most serious violations of their rights under the Convention.

Infant mortality rates for Indigenous children are 3 times higher than for non-Indigenous children and youth suicide rates are 3 to 5 times higher than those for non-Indigenous young people.

Aboriginal and Torres Strait Islander children have high levels of contacts with child protection, and are almost 10 times more likely to be in out-of-home care than their non-Aboriginal counterparts. They are also grossly over represented in juvenile justice, 23 times more likely to be brought within the system.

Aboriginal and Torres Strait Islander children are experiencing significant disadvantage across areas of health, education, employment, income and housing.

The Report recommends that:

  • Australia works with Aboriginal children and communities to develop policy for the implementation of culturally sensitive and effective measures to address significant disadvantage and inequality that Aboriginal and Torres Strait Islander children suffer;
  • Australia ensures full participation and genuine partnerships between Aboriginal communities, the education sector, community organisations, and professional groups such as social workers, researchers, health workers and police;
  • Australia provides culturally appropriate services, training and support for prospective families who will care for Aboriginal and Torres Strait Islander children;
  • Australia establishes the mother and baby clinics throughout Australia, in consultation with local Aboriginal peoples communities, so that every Aboriginal mother has access to a clinic.

To access the full Listen To Children Report, please visit the Children's Rights Australia website. 

National Aboriginal and Torres Strait Islander Legal Services (NATSILS) Report to the United Nations Committee on the Rights of the Child: Review of Australia

Summary and Key Overview of Recommendations

The NATSILS Shadow Report to the United Nations (UN) Committee on the Rights of the Child highlights the worsening situation of Aboriginal and Torres Strait Islander young people in contact with the justice system in Australia, in connection with gaps in protection of their human rights.

The Report details problems around family environment and alternative care and notes that Aboriginal and Torres Strait Islander young people continue to be over five times more likely to be the subject of child protection substantiations than non-Indigenous young people. Inadequacies in the care system range from: abuse and neglect of Aboriginal and Torres Strait Islander children in care; not being placed according to the preferred hierarchy of the Indigenous Child Placement Principle; loss of cultural, spiritual, family and community connections and limited contact with incarcerated parent/s.

The Report documents over-representation of Aboriginal and Torres Strait young people in the justice system. Young people between the ages of 10-17 year old are being detained at a rate 26 times higher than that of non-Aboriginal and Torres Strait Islander young people. This results from discriminatory laws, and underutilisation of cautioning, restorative justice approaches and diversion options. Little progress has been made in ensuring well resourced specialised and separate courts alongside adequate funding for legal assistance.

The Report expresses particular concern about Aboriginal and Torres Strait young people being deprived on their liberty, including any form of detention, imprisonment or placement in a custodial setting.  

Key Recommendations to the Australian Government concern: 

• Partnership with Aboriginal and Torres Strait Islander people to strengthen efforts to address the living conditions of Aboriginal and Torres Strait Islander young people to reduce the number of young people taken into alternative care; • Creation of a holistic youth justice system that responds effectively to the causal factors of offending and over-representation by referring young people to appropriate support and rehabilitative services wherever possible; • Recognition of the rights of Aboriginal and Torres Strait Islander young people, including the free, prior and informed consent, in accordance with the Declaration on the Rights of indigenous Peoples.  

View the NATSILS report on the Victorian Aboriginal Legal Service (VALS) website.

Annotated Bibliography (Regional)

Selections from Indigenous Children: Rights and Reality - A Report on Indigenous Children and the U.N. Convention on the Rights of the Child

Global • Asia • Africa • Pacific • North America & Europe • Latin America

Global

UNICEF. Ensuring the Rights of Indigenous Children. Innocenti Digest No.11. Florence: UNICEF Innocenti Research Centre, 2003.

This report examines Indigenous children’s rights with reference to the Convention on the Rights of the Child. The report uses a legal framework, focusing on the Convention, UN initiatives, and the debate on individual and collective rights. Key areas where Indigenous children’s rights are often violated are discussed with examples. Recommendations are advanced with a focus on health and nutrition; quality education; effective, culturally sensitive protection and support; and the participation of children in decisions that affect them. Quotes from children are used throughout.

Available online: www.unicef-icdc.org

Alderete, Ethel (Wara). The Health of Indigenous Peoples. WHO/SDE/HSD/99.1. Geneva: World Health Organization (WHO), 1999.

Cohen, Alex. The Mental Health of Indigenous Peoples: An International Overview. WHO/MNH/NAM/99.1. Geneva: Department of Mental Health, World Health Organization (WHO), 1999.

These two reports present a compilation and analysis by the WHO of international research on Indigenous peoples' health and mental health from a variety of sources. The Health report provides legal and historical background; examines socioeconomic, demographic and health indicators, globally and regionally; explores issues relating to differing cultural health systems; and describes current WHO and other initiatives. The Mental Health report looks into the definition of "indigenous"; examines systemic issues negatively affecting Indigenous peoples’ mental health; explores issues of cultural difference; and catalogues known indicators and risk factors globally and regionally. Both reports highlight the need for more, and better, collection of data.

Available online: http://dosei.who.ints

Larsen, Peter Bille. Indigenous and Tribal Children: Assessing Child Labour and Education Challenges. Joint working paper from the International Program on the Elimination of Child Labour (IPEC) and the INDISCO Programme. Geneva: International Labour Organization (ILO), June 2003.

This report from the ILO summarizes current research on Indigenous children’s involvement in child labour and makes recommendations. It argues that Indigenous children are at special risk of being affected by child labour, particularly the most hazardous practices. Larsen also discusses unique problems in the links between child labour and education for Indigenous peoples, the causes of Indigenous child labour, and opportunities for support and intervention.

Available online: www.ilo.org/public/english/standards/ipec/publ/download/edu_indigenous_2003_en.pdf

Pinto, Anna. "Inherit the Earth: Indigenous Children’s Rights to Ancestral Lands: Trans-Generational, Comprehensive, Trans-National, Collective," International Indigenous Child Rights. Philip Cook, Cynthia Price Cohen, Eds. In press, 2005.

This paper discusses Indigenous concepts of land and their relevance to Indigenous children’s rights as per the UN Convention on the Rights of the Child. The concept of multi-generational trusteeship forms the backdrop to a holistic approach that emphasizes interconnectedness between land rights and other rights. Particular attention is paid to health and well being, education, culture and stewardship.

Declaration of the Second International Indigenous Youth Conference Vancouver – August 2005. Indigenous Affairs iss.3-4 (2005) Indigenous Youth.

The text of this declaration, issued by youth participants at the Second International Indigenous Youth Conference in 2005, is reproduced in this issue of Indigenous Affairs.

Stavenhagen, Rodolfo. Indigenous Issues: Human Rights and Indigenous Issues: Report of the Special Rapporteur on the situation of human rights and fundamental freedoms of indigenous people, Rodolfo Stavenhagen. E/CN.4/2005/88. January 6 2005. Geneva: UN Economic and Social Council, 2005.

The author is the UN’s Special Rapporteur on the human rights and fundamental freedoms of Indigenous people. This report focuses on education, and discusses major systemic challenges in that area. Recommendations are included. Other reports by Mr. Stavenhagen may also include relevant information on Indigenous children and youth; all are available online through the website below.

Available online: www.ohchr.org/english/issues/indigenous/rapporteur/

Joining Hands Across the World: An International Indigenous Knowledge Symposium - Summary Document. Ottawa: FNCFCS, 2006.

This document compiles presentations made at a symposium on Indigenous children’s rights held in Toronto, Canada in October 2005. Presenters included: Jaap Doek (the UN Convention on the Rights of the Child), Roy Laifungbam (Health), Muriel Bamblett (Well Being of Aboriginal Children in Australia), Leslie Du Toit (Partnership and Community in South Africa), Yolanda Terán (Learning and Culture), Terry Cross (Research and Data), Kenn Richard and Karen Hill (Urban Child Welfare), and Cindy Blackstock (Canadian Child Welfare Policy).

Available online: www.fncaringsociety.com/pubs/fncfcsPubs.html

Anaya, S. James. Indigenous Peoples in International Law. 2nd Edition. Oxford: Oxford University Press, 2004.

This book gives a comprehensive legal and historical review of theoretical and practical issues on Indigenous peoples’ rights in international law. The author is a law professor at the University of Arizona, and a well-known expert in the field of Indigenous peoples’ rights and international law.