Children's Rights and Juvenile Justice in Australia

• In Event: Various Colors of Juvenile Justice: Some Key Messages from Comparative Research

Abstract

The paper explores juvenile justice, human rights and young people in Australia. While it is acknowledged that there is a clear framework for respecting the human rights of children within juvenile justice, we ask the question to what extent does Australia actually operationalize and comply with these rights in law, policy and practice? Further, we consider the extent to which children rights violations are either 'national' problems or variable depending on state and territory jurisdictions within the Australian federal system, and the complex interplay between the two.

Many of the human rights issues affecting young people fall disproportionately on two over-represented groups within juvenile justice: Indigenous young people, and those with mental health disorders and cognitive disability. Both of these are national problems in their right. However, how they play out is also dependent on local contexts, including local state level law, policy and practice.

Authors

• Chris Cunneen, University of New South Wales

• Sophie Russell, University of New South Wales