UN Experts Condemn Australia’s Youth Justice System Over Indigenous Child Detention

Two United Nations human rights experts have issued a powerful condemnation of Australia’s youth justice systems, expressing alarm at the disproportionate incarceration of Aboriginal and Torres Strait Islander children. In a joint statement released today, Alice Jill Edwards, the UN Special Rapporteur on torture, and Albert K. Barume, the UN Special Rapporteur on the rights of Indigenous Peoples, criticized the country’s state and territory policies as fundamentally harmful and incompatible with international child rights norms.

A System in Crisis

“The various criminal legal systems operating in Australia appear to be in crisis nationwide,” the experts declared. Their concerns stem from what they described as “short-sighted approaches” to youth criminality, resulting in “undue harm” to children’s well-being, safety, and life prospects. These failures are particularly acute for Indigenous children, who remain grossly overrepresented in youth detention facilities across the country.

Australia’s Indigenous population, while accounting for just 6% of children nationwide, represents over 50% of those in juvenile detention, according to recent national figures. The experts underscored this imbalance as a glaring sign of systemic discrimination and institutional failure.

Controversy Over Queensland’s Proposed Legislation

The critique is especially directed at Queensland’s “Making Queensland Safer (Adult Crime, Adult Time) Amendment Bill,” which is expected to be debated in Parliament this week. The bill proposes imposing adult criminal penalties on children for a broad range of offences.

“If passed, the Queensland bill would result in additional adult penalties being applied to children,” Edwards and Barume warned. “This 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 assert that this legislation is in direct contradiction to basic child rights and international legal standards, which obligate governments to treat children with dignity, prioritize their best interests, and protect them from torture and inhumane treatment.

Advocating for Reform and International Standards

The experts emphasized the urgent need for a child-centred approach, rooted in rehabilitation and social reintegration rather than punitive incarceration. They advocate for models that reflect international best practices—strategies that are proactive, preventative, and grounded in education and community support rather than punishment.

“A comprehensive youth justice strategy should focus on early intervention, culturally appropriate support services, and alternatives to detention,” said the experts. “The first goal should always be keeping children out of prison.”

They also criticized Australia’s current minimum age of criminal responsibility, which is 10 years in most states and territories—one of the lowest among industrialized nations. The UN Committee on the Rights of the Child has consistently recommended raising this age to at least 14, citing developmental psychology and human rights considerations.

A Call to Honour International Obligations

The experts noted that Australia’s current practices may violate several key international human rights treaties, including the Convention on the Rights of the Child and the Convention Against Torture. These instruments require states to protect children from all forms of physical or mental violence, ensure their access to education and social development, and avoid subjecting them to cruel, inhuman, or degrading treatment.

By relying on incarceration as a default response to youth offences—particularly for marginalized Indigenous children—Australia risks entrenching social inequality and perpetuating intergenerational trauma.

Towards a More Just Future

“This is not just about law and order,” Edwards and Barume concluded. “It’s about human rights, justice, and building a society that nurtures rather than punishes its most vulnerable members. Present approaches are creating a future under-class of Australians. The consequences of this path will be felt for generations.”

The joint statement adds to a growing chorus of domestic and international voices calling for substantial reforms in Australia’s youth justice landscape. With parliamentary decisions looming, the country faces a pivotal moment in determining the kind of future it wants for its children—especially its First Nations youth.