The Secretariat

National Human Rights Action Plan

Attorney General’s Department

3-5 National Circuit

Barton ACT 2600

17 February 2010

National Human Rights Action Plan – Background Paper

Youthlaw welcomes the Government’s commitment to consult to formulate a human rights action plan for Australia. We fully endorse the submissions of the Federation of Community Legal Centres and our fellow community legal centre, the Human Rights Law Resource Centre (HRLRC), regarding the Government’s intended approach to the action plan set out in the Background Paper.

Youthlaw takes a keen interest in supporting measures towards improving the development of laws, policies and practices througha human rights based approach and was significantly involved in the human rights act consultation.[1]

Youthlaw reiterates the disappointment expressed by others that the Government decided not to enact a federal Human Rights Charter following the release of the National Human Rights Consultation Report, despite the overwhelming public support for the Act during the National Human Rights Consultation and the recommendation from the Consultation Committee that a Human Rights Act be adopted.

We are still of the view that the adoption of a federal Human Rights Charter as an essential step in this process as it will provide a consistent framework within which human rights protection and education can take place at all levels of government and throughout the community.

We agree with comments made by HRLRC that the National Action Plan must be particularly strong given that it is part of a package of human rights initiatives that falls well short of legal human rights protection in a Human Rights Act. The Plan should be developed in light of the Government’s decision not to adopt a Human Rights Act.

Young Peoples Legal Rights Centre
Inc No A0041616E

ABN 12 974 935 230

Tel 9611 2412 Fax 9614 3622 Email

Frontyard, 313 Flinders Lane, Melbourne VIC 3000

We see the development of this plan as an important opportunity to make progress towards better human rights protection in accordance with Australia’s international human rights obligations.

As with the consultations for a human rights act we call on the government to ensure that the procedure for developing the National Action Plan and Baseline Study should ensure participation across civil society including the not for profit sector and children and young people.

The Background Paper notes that development of the action plan will include a baseline study that will address a number of matters, including “information on the status of priority vulnerable groups identified during the National Human Rights Consultation”. In this regard we strongly recommend that the Government consider the NGO report on the UNCROC addressing the status of children under 18 years (to be finalised by June 2011 by the National Children and Youthlaw Centre)

As has been highlighted in the drafting of the NGO report on the CRC it is difficult to access national data measuring the enjoyment of human rights by children and young people in Australia.

Sincerely

Tiffany Overall

Youthlaw

[1]Youthlaw Submission: Young people having their say about human rights – June 2009