Regressing: Advocates Argue that Human Rights Safeguards in Australia are Declining

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Australia’s record on human rights is going backwards, according to a coalition of more than 150 First Nations, legal and advocacy organisations.

And they are calling on the Albanese Government to step up and do more to protect basic human rights.

Ahead of a major United Nations human rights review next year, the group of Aboriginal and Torres Strait Islander, human rights, legal, disability, refugee, LGBTIQA+ and climate organisations have submitted a report to the United Nations Human Rights Council.

The report backs up the Human Rights Measurement Index’s 2025 findings that Australia is backsliding across freedom of expression, safety from arbitrary detention and other fundamental human rights.

It identifies critical human rights issues where Australia is falling short of its legal obligations, including ongoing systemic racism against Aboriginal and Torres Strait Islander people, saying urgent action is needed to raise the age of criminal responsibility to at least 14; fully incorporate the UN Declaration on the Rights of Indigenous Peoples into Australian laws; establish a Makarrata Commission; and implement self-determined solutions to justice problems.

Jade Lane, chief executive of Change the Record, an NFP that advocates to address the over-representation of First Nations people in jail, said they are calling on every state and territory government to do the right thing for kids and communities, and raise the age of criminal responsibility to at least 14.

“The UN has said that Australia’s justice system is in crisis – and they’re right,” Ms Lane said in a statement to NITV.

“First Nations kids are not getting justice; they’re getting fast-tracked to lifelong harm.

“The Albanese Government ran on a promise of a better future – a safer, more compassionate nation.

“It’s now time for them to act.”

But the federal Labor Government has shown no appetite to take action on raising the age of criminal responsibility, with a spokesperson telling NITV that reform in the area is ‘primarily a matter for state and territory governments’.

Currently only the ACT has 14 as the age of criminal responsibility, with all other jurisdictions except Victoria, allowing children as young as 10 to be locked up.

Victoria raised the age of criminal responsibility to 12, but backslid on a promise of 14.

Cathy Eatock, co-chair of the Indigenous People’s Organisation Australia (IPOA), told NITV that since Australia’s last universal periodic review of human rights by the UN in January 2021, the situation had gone backwards.

“The lack of action is really apparent, particularly around incarceration rates, which have only increased,” she said.

“Additionally, suicide rates have increased.

“These are all reflected across the Closing the Gap targets, so that in itself is a good indicator of a failure by the Australian Government in meeting the needs of Aboriginal and Torres Strait Islander people.”

Time for a reset

Ms Eatock said it was time for a national reset in the wake of the unsuccessful referendum on a First Nations Voice to Parliament and the racism unleashed during and following the campaign.

“We need to establish mechanisms for Aboriginal and Torres Strait Islander decision making, we don’t have a national elected representative body – that’s critical to provide real advocacy for our communities,” she said.

“I think there’s opportunity through the Yoorrook Justice Commission report (in Victoria) and also previous recommendations for a Makarrata commission, through the Uluru Statement of the heart to really address those issues and opportunity for the government to respond.

“So we’re hoping that the broader Australian community will join with us in putting pressure on the Australian Government to meet its its obligations, to meet minimum standards for Aboriginal and Torres Strait Islander peoples.”

But in answer to a question on whether the Albanese Government would consider supporting an elected First Nations body, like the National Congress of Australia’s First Peoples or ATSIC, a Government spokesperson said they had “made it clear before the referendum that if the referendum did not succeed, we would not proceed with a Voice”.

The report says an Australian Human Rights Act is the missing piece at the heart of Australia’s laws and policies, and would establish clear minimum human rights protections and mean governments have to consider people’s rights when designing policies and delivering services.

It also found that gender-based violence remains a persistent and serious problem, and said legal protections must be strengthened for survivors and to prevent family violence from happening in the first place.

“Australia’s human rights record is falling backwards,” Human Rights Law Centre chief executive Caitlin Reiger said.

“Thousands of people are having their fundamental human rights breached every day – from not being able to access healthcare, to being restricted from expressing their views, and not able to keep a safe roof over their heads.

“The Albanese Government must take urgent action – including legislating an Australian Human Rights Act – to ensure everyone is treated with dignity, equality and respect.”

The spokesperson said the Government is carefully considering the Parliamentary Joint Committee on Human Rights’ inquiry report on Australia’s Human Rights Framework.

“The Albanese Government is committed to protecting and promoting human rights to ensure that all Australians are able to participate fully in our democracy, economy and society,” they said.

“Human rights in Australia are recognised and protected through a range of laws at the federal, state and territory levels, the Australian Constitution and the common law.”

Ms Lane said children deserve to thrive, free from cages and cycles of criminalisation.

“Australia’s escalating punitive approach to so called youth justice is a clear violation of human rights for our most vulnerable members of society, in particular First Nations children and those with disabilities,” she said.

“Australia has long been condemned for inaction on raising the age of criminal responsibility to reflect international standards.

“The Albanese Government must urgently intervene in this crisis and choose care over cruelty for our kids.”

Ms Eatock said Australia is fundamentally failing Aboriginal and Torres Strait Islander people, who are over-represented across every negative indicator.

“Our children are dying of preventable rheumatic heart disease caused by poverty and overcrowding, with often 20 people per house in remote communities, reflecting abysmal third world conditions,” she said.

“Children as young as 10 are incarcerated funnelling them into later crime, where deaths in custody is a regular occurrence.

“But these issues aren’t insurmountable. It requires working with our communities, it requires greater self-determination to enable us to meet the needs of our communities.

“Victoria’s treaty processes have shown the way, to implement UNDRIP, instil self-determination and respectful relations.”

UN scrutiny

The Universal Periodic Review (UPR) is a process of the UN Human Rights Council that reviews the human rights records of all 193 nations that are members of the United Nations every five years.

This is the fourth time scrutinising Australia’s human rights record and recommending reform.

The UPR will examine the extent to which Australia is complying with its international human rights obligations under the UN Charter, Universal Declaration of Human Rights, international treaties and other commitments.

Other significant human rights issues raised in the NGO report include offshore processing and mandatory immigration detention of people seeking asylum, failure to prevent human rights harms caused by climate change, segregation of people with disabilities in education, housing and employment, failure to address housing affordability and homelessness.