Human rights must be at the centre of proposed youth justice reforms

28 March 2024

A fair, safe youth justice system centres human rights, prioritises rehabilitation and actively seeks to divert children and young people from entering the system in the first place. The Victorian Government’s announcement of a new Youth Justice Bill, expected to be introduced to parliament by the middle of the year, must balance community safety with the rights of children and young people in the youth justice system.

While the reforms propose to raise the age of criminal responsibility from 10 years of age to 12, this increase falls short of the 14 years of age advocated for by community and human rights experts over a number of years. The United Nations Committee on the Rights of the Child encourages countries to increase the minimum age to at least 14 years of age.

“While raising the age of criminal responsibility to 12 is an important first step, community expectations and international human rights principles demand that we cannot stop here. Every effort should be made to raise the age to 14 alongside increased investment in youth services,” says Commissioner Allen.

Further aspects of the reforms, such as the proposed trial of electronic monitoring to track young people on bail, have significant human rights implications that should be carefully considered against the impact on the young person’s rehabilitation, says Commissioner Allen.

“Children in the youth justice system are especially vulnerable to unfair treatment. That’s why the Charter of Human Rights and Responsibilities includes specific protections for children, alongside  other rights such as the right to a fair hearing and right to humane treatment when deprived of liberty,” says Commissioner Allen. “Law-makers must ensure that any limitations on young people’s rights are necessary, justifiable, proportionate and based on evidence.”

The central goal of a rights-focused youth justice  system is to have fewer children and young people in the system. The UN Convention on the Rights of the Child, ratified by Australia in 1990, highlights the importance of diverting children from the criminal justice system. It calls on signatories to adopt measures that avoid children having to go through formal judicial proceedings wherever possible. This theme is echoed in the Department of Justice and Community Safety’s own statement on diversion from youth justice, which recognises that diversion pathways cost less, reduce crime and create better outcomes for young people and the community.

It’s vital that the Victorian Government strengthen diversionary programs that address the underlying risk factors and prevent reoffending. “The Victorian Equal Opportunity and Human Rights Commission calls on the Victorian Government to continue funding Balit Ngulu, the Victorian Aboriginal Legal Service’s dedicated legal practice for Aboriginal children. This is critical for successfully diverting young people away from the justice system and giving them the best chance to go on to productive, fulfilling lives.

“I look forward to working with government on the Youth Justice Bill to advocate to uphold human rights at the centre of the youth justice system,” says Commissioner Allen.