LNP’s youth crime legislation condemned by UN as ‘incompatible with basic child rights’

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"UN Special Rapporteurs Call for Rejection of Queensland's Youth Crime Legislation"

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TruthLens AI Summary

The United Nations special rapporteur on torture, Alice Jill Edwards, has urged Queensland's parliament to reject the government's youth crime legislation, which she argues is incompatible with fundamental child rights. This legislation, introduced by the Liberal National government following their election campaign slogan "adult crime, adult time," allows for children convicted of 13 specific offences to receive adult sentences. As the parliament prepares to consider an expansion of this legislation, which would add 20 more offences, the UN officials expressed serious concerns about the implications for children's welfare, particularly Indigenous children, who are already disproportionately affected by the criminal justice system. They contend that such laws contribute to the creation of a future under-class in Australia, jeopardizing children's safety, wellbeing, and their educational and life prospects due to punitive measures rather than rehabilitative approaches.

In response to the UN's criticism, Queensland Premier David Crisafulli has dismissed the interference, asserting that local governance should dictate laws aimed at ensuring safety for Queenslanders. However, the government's own officials have acknowledged that these legislative changes contradict both state and international human rights laws, particularly regarding the treatment of children in detention. The youth justice minister, Laura Gerber, noted that the legislation would limit protections against cruel treatment and increase reliance on police watch houses for detaining youth offenders. Additionally, statistics reveal that many of the offences included in the new legislation have not been committed by children in recent years, raising questions about the necessity and effectiveness of such laws. Despite the opposition's acknowledgment of these issues, they have indicated support for the expanded legislation, highlighting the significant majority held by the LNP in parliament, which suggests that the laws are likely to pass regardless of the criticisms.

TruthLens AI Analysis

The article highlights a significant controversy surrounding the Queensland government's youth crime legislation, which has drawn criticism from the United Nations. This reaction underscores a clash between local governance and international human rights standards, raising questions about the treatment of children in the criminal justice system.

International Criticism and Child Rights

The United Nations special rapporteurs have expressed serious concerns regarding the Queensland government's approach to youth crime. They argue that the "Adult Crime, Adult Time" legislation contradicts fundamental children’s rights and could lead to long-term harm, particularly for Indigenous children who already face systemic disadvantages. This external critique aims to elevate the conversation about human rights and child welfare, suggesting that local policies may not align with global standards.

Local Political Response

In response to the UN's criticism, Queensland's premier dismisses the interference, asserting that local authorities should determine legislation based on community safety needs. This highlights a tension between state sovereignty and international human rights obligations. The government’s insistence on local governance may resonate with constituents who prioritize law and order but might alienate others who advocate for human rights.

Potential Underlying Issues

The article hints at potential underlying issues within the Australian criminal justice system. The UN rapporteurs note that the current legislative approach may lead to a future underclass in Australia, indicating systemic flaws. The government's admission that the new laws contradict human rights standards raises questions about transparency and accountability in the legislative process.

Community Reactions and Societal Impact

This legislation may polarize public opinion, particularly among communities advocating for Indigenous rights and youth welfare. Supporters may include those who prioritize strict law enforcement, while critics may consist of human rights activists and Indigenous groups. The potential societal impact could include increased tensions between communities and the government, as well as calls for reform in how youth crime is handled.

Economic and Political Consequences

The implications of this legislation extend beyond social issues, potentially affecting the political landscape in Queensland. As public sentiment shifts, the government may face pressure to amend or repeal the laws, impacting political stability and future elections. Economic ramifications might also arise if the legislation leads to increased incarceration rates, burdening the state’s resources.

Global Context and Relevance

This issue ties into broader discussions about juvenile justice worldwide and reflects ongoing debates about the balance between public safety and human rights. Given the international attention, it highlights Australia's position on the global stage concerning human rights practices.

Trustworthiness of the Article

The article appears credible, presenting factual information alongside expert opinions, particularly from UN officials. However, the framing of the issue suggests a particular perspective advocating for child rights, which could influence readers’ interpretations.

Overall, the article serves to inform the public about significant legislative changes while prompting a broader discussion on the implications of such laws for youth and marginalized communities. The emphasis on international standards and local governance illustrates the complexities inherent in policymaking.

Unanalyzed Article Content

The United Nations special rapporteur on torture has urged Queensland’s parliament to vote down the government’s headline youth crime legislation, calling it“incompatible with basic child rights”.

The Liberal National government ran on a slogan of “adult crime, adult time” at last October’s election. Itpassed legislation to sentence childrenconvicted of 13 offences the same as adults in December.

Parliament will consider a second round of legislation, adding an additional 20 offences, this week.

In an open letter to Australian authorities, Alice Jill Edwards, the special rapporteur on torture and Albert K Barume, special rapporteur on the rights of Indigenous peoples, said Australia’s criminal legal systems “appear to be in crisis nationwide”.

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They warned that the system “is creating a future under-class of Australians”.

“Children are suffering undue harm to their safety and wellbeing, as well as to their educational and life prospects as a result of shortsighted approaches to youth criminality and detention.”

Edwards and Barume specifically singled out the MakingQueenslandSafer (Adult Crime, Adult Time) Amendment Bill in the open letter.

“[The bill] would have an especially negative impact on the lives of Indigenous children, who are already disproportionately represented in the criminal legal system. We urge members of the Queensland parliament to vote against the bill,” they said.

Edwards, a human rights lawyer, is the first Australian in the role.

In April, Queensland’s premier,David Crisafulli, criticised the UN for interfering in local politics, saying “this place will govern its laws”.

“This place will determine how we keep Queenslanders safe, and this place will be accountable to Queenslanders, not United Nations boffins,” he said.

However, the government has conceded thatboth rounds of legislationare contrary to state and international human rights law, with the youth justice minister, Laura Gerber, acknowledging the legislation would limit“the right to protection from cruel, inhumane or degrading treatmentand the right to humane treatment when deprived of liberty” by requiring the increased use of police watch houses to hold children.

Some of the offences included in this week’s legislation will apply to few or even no youth criminals.

According to statistics shared with the parliamentary committee by the Department of Youth Justice and Victim Support, several have not been committed by a child in the last five years, such as accessory after the fact to murder or kidnapping for ransom.

Others are extraordinarily rare; just one child has been proven to be guilty of kidnapping in that time.

In total there were just 467 counts of the new offences committed in 2024.

About624,414 offences were committed in 2024, according to police statistics. Youth crime represents about 13% of all crime,according to the Queensland Audit Office.

The opposition leader, Steven Miles, announced on Monday afternoon that his party would support expanding the laws. Labor also voted for the first tranche.

“We won’t be opposing the LNP’s attempts to fix their mistakes,” Miles said. “Of course, we couldn’t stand in the way anyway. The LNP has a big majority and so these laws will pass either way.”

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Source: The Guardian