NT ‘tough on youth crime’ policies could breach human rights

27 August 2024

Amnesty International is warning the incoming Northern Territory government that its 'tough on youth crime' approach must not breach human rights law, as the Country Liberal Party promises to lower the age of criminal responsibility to just 10 years old and to reintroduce the previously outlawed use of spit hoods on children.

In 2022, the UN Committee Against Torture condemned practices used against children at the Don Dale Youth Detention Centre in the Northern Territory, accusing Australia of a "clear breach" of its obligations under the Optional Protocol to the Convention Against Torture, which Australia ratified in 2017.

The United Nations have called on Australia to increase the minimum age of criminal responsibility and to immediately halt the use of solitary confinement for children in youth detention.

"We strongly condemn the CLP's dangerous decision to lower the age of criminal responsibility and reintroduce the use of spit hoods-a cruel practice that Amnesty International has labelled as torture. These harsh measures will only cause more harm to vulnerable children and won't make our communities safer,"

says Kacey Teerman, Amnesty International Australia's Indigenous Rights Campaigner.

"The use of spit hoods on children has been condemned as torture by the United Nations, the Northern Territory Children's Commissioner, Amnesty International and other human rights groups. The Northern Territory Ombudsman has called for a total ban on their use. It is unconscionable that the newly elected CLP government has moved to reintroduce a practice of torture against children, and as their first order of business no less," says Kacey Teerman.

In addition to these treaties, Australia also has obligations under the UN Standard Minimum Rules for the Administration of Juvenile Justice ('Beijing Rules'),68 the UN Rules for the Protection of Juveniles Deprived of their Liberty ('Havana Rules'), 69 the UN Standard Minimum Rules for the Treatment of Prisoners ('Nelson Mandela Rules')70 and the UN Guidelines for the Prevention of Juvenile Delinquency ('Riyadh Guidelines'). Amnesty International holds serious concerns that the youth justice policies of the incoming CLP NT government will breach these human rights laws.

"The shocking findings from the Royal Commission into the Protection and Detention of Children in the Northern Territory should serve as a stark reminder of the damage policies that breach human rights can cause to vulnerable children. The CLP must reverse this backward move and listen to communities, health experts, legal professionals, and human rights advocates."

"Lowering the age of criminal responsibility and using methods of torture is a serious breach of children's rights,"

says Kacey Teerman.

"The way forward is through humane, evidence-based solutions that protect our children and genuinely make our communities safe. Amnesty International calls on the CLP government to reverse its decision to lower the age of criminal responsibility and to commit to adhering to human rights law in its youth justice policies," says Kacey Teerman.

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