The Law Council of Australia (LCA) has released a Policy Statement on Child Justice Reform, calling for a nationally co-ordinated approach based on human rights, the rule of law and evidence of what makes communities safer.
“A nationally co-ordinated response is more likely to recognise that children engaging in antisocial behaviours is not only a ‘criminal justice’ issue for each jurisdiction to solve, but one where better outcomes will be achieved through coordinated reform of health, education, housing, social services, family, disability support, child protection and criminal justice systems,” LCA President Juliana Warner said.
“Around the country, state and territory governments are taking supposed tough on crime stances which provide harsh penalties for children who commit crimes, an approach we already know does not work.”
She said preventive, protective approaches to child justice were needed.
“The problem with the adult time for adult crime rhetoric is that there is no proof this will make our communities safer, but plenty of evidence it will irreparably harm the child and increase the potential of them seeing a life of crime as their only option,” Juliana said.
“Children are not adults and approaches to criminal justice designed for adults are inappropriate to address alleged breaches of the law by children.
“Youth crime is indisputably linked to trauma and disadvantage – poverty, poor health, lower education and higher support needs. Many children involved are themselves victims of crime and neglect. First Nations children, children from low-income families, children in out of home care and children with disability are disproportionately affected by punitive responses.
“Simply locking children up without looking for the root cause of their alleged offending, and focusing on how they can be supported and rehabilitated, is a shameful societal failure and a breach of our international human rights obligations.”
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