The Australian Human Rights Commission's Commissioners for First Peoples' rights, children and racism are calling on all Australian governments to address racism in Australia's criminal justice system, following a United Nations urgent warning about the treatment of Aboriginal and Torres Strait Islander children.
The UN Committee on the Elimination of Racial Discrimination expressed 'grave concerns' about the overrepresentation of Indigenous children in the criminal justice system and the use of harsh adult penalties on children as young as 10 years old.
The Committee identified racial profiling and over-policing as factors leading to higher incarceration rates. They noted that Indigenous children in Australia make up around 65% of those in detention despite being only 6.5% of the child population. Most of these children have not even been convicted of a crime and are being held on remand. It also raised grave concerns about the harsh conditions First Nations children face in detention including 'solitary confinement for prolonged duration, ill-treatment and the use of spit-hoods'.
The Aboriginal and Torres Strait Islander Social Justice Commissioner, Katie Kiss; National Children's Commissioner, Deb Tsorbaris and Race Discrimination Commissioner, Giridharan Sivaraman call on:
- all Australian governments to urgently respond to the Committee's recommendations
- implement the recommendations of the 'Help Way Earlier' report
- all Australian governments to endorse the National Anti-Racism Framework and implement the recommendations for the Justice sector.
The Commission's Human Rights Assessment 2026 identified urgent actions the Australian Government could take now to better protect children in the justice system:
- raise the age of criminal responsibility to 14 years in all jurisdictions
- set national standards for treatment in child justice and detention
- legislate that children only be detained as a last resort.
Aboriginal and Torres Strait Islander and Social Justice Commissioner, Katie Kiss: 'The findings reinforce our longstanding calls to address racism in our policing and justice systems. Governments must invest in prevention to stop First Peoples from entering the justice system in the first place.
'But right now, our governments are allowing children as young as 10 years old - especially First Nations children - to be subjected to cruel and inhumane treatment in detention. These approaches are condemning First Nations children to a lifetime of abuse, deprivation and disadvantage. It also does nothing to "close the gap" and reduce the rate of Indigenous children in detention by at least 30% by 2031.
'Governments across Australia need to fix the systems driving inequality so First Nations children get a good start in life, and enjoy better health, education and economic opportunities so they have pathways to brighter – not imprisoned - futures.'
National Children's Commissioner, Deb Tsorbaris: 'The findings show that Australia is failing to protect children's rights and wellbeing.
'Our current approach to detention does not make children safer and contributes to more crime, not less.
'Government must invest in the supports for children and their families that address the causes of crime - poverty, insecure housing, disadvantage, racism and intergenerational trauma.
'We have a roadmap on what needs to be done to transform the child justice system in the Commission's 'Help Way Earlier' report. Governments must act on the recommendations without delay.'
Race Discrimination Commissioner, Giridharan Sivaraman: 'The UN Committee's statement should be a wake-up call for Australia.
'The overrepresentation of Aboriginal and Torres Strait Islander children in detention is a result of racial discrimination that is baked into our policing and justice systems.
'Reform of the justice system is a critical area of the National Anti-Racism Framework. Yet the Framework remains yet to be endorsed by any level of government, let alone its recommendations funded for implementation.
'Discriminatory policies and entrenched inequality are driving these outcomes—and governments must respond with coordinated national action.'
