Prison is no place for 10 year olds: Australian governments told

Chief law-makers in Australia must promote the rights of children with a commitment to raise the age at which children can be locked up, the Human Rights Law Centre has told a Working Group tasked to consider raising the age of legal responsibility. 

Currently across Australia, children as young as 10 can be arrested by police, charged with an offence, hauled before a court and locked away in prison.

Australian laws on legal responsibility, which result in 10 year olds being sent to prisons and held in police cells, are out of step with medical science on child development and international human rights standards.

The Council of Attorneys-General, which will meet in June this year, will consider evidence from child rights experts, Aboriginal peaks and leading social services, health and legal and youth advocacy organisations in support of raising the age of legal responsibility from 10 to 14.

Shahleena Musk, acting Legal Director at the Human Rights Law Centre, said everyone knows that children do best when they are supported, nurtured and loved.

“As a society we should be doing all that we can to care for, support and help our children. 10 year old kids belong in schools and playgrounds, not in prisons, but Australia’s outdated laws are being used to rip children from their families, community and culture and throwing them into concrete cells. Decent politicians, would raise the age at which children can be locked up from 10 to 14,” said Musk.

The Human Rights Law Centre’s submission to the Council of Attorneys-General adds to a chorus of calls both nationally and internationally for Australia to raise the age of legal responsibility.

“Good governments would show compassion and humanity by helping children to remain in school and by working with families to provide the care and support they need. No child should be exposed to the criminal legal system.”

“Australia has one of the lowest ages of legal responsibility in the world. This is in clear violation of human rights standards and is completely out of step with the advice of doctors and child development experts who say kids do best when they’re with their families and in their communities, not behind bars. Our Politicians should know better,” said Musk.

Read the Human Rights Law Centre’s submission to the Council of Attorneys-General here.

Media contact:

Michelle Bennett, Communications Director: 0419 100 519