Legal and human rights experts are raising alarms about the impact of stringent youth justice policies on vulnerable Indigenous children, culminating in a formal complaint submitted to the United Nations by Noongar human rights lawyer Hannah McGlade.

The complaint, which has garnered support from the Human Rights Law Centre, calls upon the UN Committee on the Elimination of Racial Discrimination to take urgent action to safeguard the rights of First Nations children in Australia.

The submission articulates serious concerns about systemic racial discrimination and ongoing human rights violations against Indigenous children by Australian federal, state, and territory governments.

International standards set by the UN Committee on the Rights of the Child recommend a minimum age of 14 for criminal responsibility; however, current practices in various Australian jurisdictions permit the detention of children as young as 10. In Queensland, for example, young offenders can face harsher conditions than adults under certain circumstances.

Dr. McGlade emphasized the developmental risks associated with the incarceration of children at such a young age, including detrimental effects on their health and the exacerbation of pre-existing disabilities.

She stated, "Incarceration at such an early age is harmful to development and may lead to long-lasting negative outcomes, including high rates of suicides among affected children."

The complaint coincides with recent efforts by the Queensland government to expand its contentious "adult crime, adult time" legislation to include an additional 20 offenses, a move that critics argue may further endanger Indigenous youths.

Premier David Crisafulli has defended the legislation, asserting its necessity in ensuring safety and accountability within communities.

As recent trends show multiple state governments implementing stricter bail laws, experts warn that these punitive measures risk escalating already high rates of Indigenous incarceration.

In 2023, the UN criticized Australia's detention practices, noting that the treatment of young individuals could amount to torture, even as states like Victoria, Queensland, and New South Wales intensified their punitive approaches.

Currently, more than 80 percent of children in detention across Australia are held on remand, many without having been convicted of any crime.

Dr. McGlade noted that the failure to secure bail reflects inadequate legal avenues for vulnerable children, resulting in their unnecessary incarceration.

Maggie Munn, from the Human Rights Law Centre, critiques Australia’s current punitive framework, stating that it exacerbates a growing crisis of mass incarceration among Aboriginal and Torres Strait Islander children.

Munn highlights the consistent calls from Indigenous communities for effective, community-led interventions to address the unmet needs of these children.

The Northern Territory has recently passed legislation lowering the minimum age of criminal responsibility and has reintroduced contentious practices such as the use of spit hoods.

Queensland's recent policies further pose that children can receive the same maximum sentences as adults for serious felonies, including murder.

In contrast, critics argue that punitive legislation fails to deter crime and only perpetuates cycles of recidivism among young offenders.

Data from New South Wales and the Australian Capital Territory indicates a surge of 270 percent in the number of bail applications going to the Supreme Court, accompanied by increased demand for legal services to navigate these changes.

Experts assert that the lack of concurrent funding to support these rising demands exacerbates the challenges faced by these children, leading to heightened risks of trauma and involvement in criminal behavior.

Dr. McGlade calls for a reconsideration of youth justice laws, emphasizing the need for parsimonious enforcement, especially given the tragic consequences observed from prolonged punitive policies.

Research indicates that contact with the justice system significantly increases the likelihood of premature death among young individuals, with prominent causes tied to suicide and substance abuse.

Recent reports advocate for a holistic approach that addresses the underlying issues contributing to youth crime, including family instability and socio-economic hardships.

Recognizing the necessity for both preventive measures and adequate resources, Dr. McGlade and other advocates urge governments to align legal frameworks with international human rights obligations and prioritize community-based interventions over incarceration.