AMA Submission to AHRC National Children's Commissioner's Consultation on Youth Justice and Child Wellbeing across Australia Reform
On 30 June 2023, the Australian Medical Association (AMA) made a submission to the Australian Human Rights Commission - National Children's Commissioner’s consultation on Youth Justice and Child Wellbeing Reform. All children have a right to a healthy start to life, a safe and secure environment in which to live, and equitable access to opportunities to help them learn, develop, and thrive. Detention settings - quite simply - do not provide for this.
The medical evidence is clear, jailing harms children mentally and impairs their physical development. Government policy settings and youth justice legislation should be informed by the Convention on the Rights of the Child, with a focus on health and wellbeing.
Australia has one of the lowest ages of criminal responsibility in the world and our history of colonisation and dispossession continues to be reflected in incarceration statistics. The criminalisation of children as young as 10 years old in Australia disproportionately impacts Aboriginal and Torres Strait Islander children. This creates a cycle of disadvantage and increases the likelihood of ongoing experiences within the legal system.
The AMA urges all governments to take meaningful steps towards raising the minimum age of criminal responsibility to 14 years of age to ensure that all children in Australia have the best start to life with equal opportunities to grow and thrive.
