The Australian Human Rights Commission (AHRC) has called for urgent nationwide reform to address racism in Australia’s criminal justice system after the United Nations raised “grave concerns” about the treatment of Aboriginal and Torres Strait Islander children.
Wed 20 May 2026 01.00 AEST
Photo: AAP Image/Darren England
The Australian Human Rights Commission (AHRC) has called for urgent nationwide reform to address racism in Australia’s criminal justice system after the United Nations raised “grave concerns” about the treatment of Aboriginal and Torres Strait Islander children.
The intervention followed a warning from the UN Committee on the Elimination of Racial Discrimination (UNCERD), which highlighted the overrepresentation of Indigenous children in detention and criticised the use of harsh penalties on children as young as 10 years old.
The Committee highlighted that Aboriginal and Torres Strait Islander children accounted for 65 per cent of children in detention on an average day in 2023-24, despite making up only 6.5 per cent of children aged 10-17 in Australia.
It said it held “grave concerns” about the harsh conditions children endured, including “solitary confinement for prolonged duration, ill-treatment and the use of spit hoods, and cases of self-harm and suicide”.
In response, the AHRC’s Commissioners for First Peoples’ rights implored governments to implement urgent reforms.
“The findings show that Australia is failing to protect children’s rights and wellbeing,” said National Children’s Commissioner, Deb Tsorbaris.
“Our current approach to detention does not make children safer and contributes to more crime, not less.
“Government must invest in the supports for children and their families that address the causes of crime – poverty, insecure housing, disadvantage, racism and intergenerational trauma.”
Earlier in May, the UN Committee criticised Queensland’s “Adult Crime, Adult Time” laws that allow “harsh adult penalties to be applied to Indigenous children, including life imprisonment in some cases”.
It further highlighted that across much of Australia, children can still be held criminally responsible at the age of ten, far lower than the 14-year threshold under international human rights law and standards.
The three commissioners supported raising the minimum age to 14, establishing national standards for youth detention and legislating that children only be detained as a last resort.
“Right now, our governments are allowing children as young as 10 years old – especially First Nations children – to be subjected to cruel and inhumane treatment in detention,” said Aboriginal and Torres Strait Islander Social Justice Commissioner Katie Kiss.
“These approaches are condemning First Nations children to a lifetime of abuse, deprivation and disadvantage.
“It also does nothing to “close the gap” and reduce the rate of Indigenous children in detention by at least 30 per cent by 2031.”
The AHRC released its ‘Help way earlier!’ report in 2024, outlining 24 recommendations aimed at transforming Australia’s child justice system to improve safety and wellbeing.
It urged Australian governments to endorse the National Anti-Racism Framework and act on the recommendations.
“The UN Committee’s statement should be a wake-up call for Australia,” said Race Discrimination Commissioner Giridharan Sivaraman, who described racial discrimination as being “baked into” Australia’s policing and justice systems.
“The overrepresentation of Aboriginal and Torres Strait Islander children in detention is a result of racial discrimination that is baked into our policing and justice systems,” he said.
“Reform of the justice system is a critical area of the National Anti-Racism Framework.
“Yet the Framework remains to be endorsed by any level of government, let alone its recommendations funded for implementation.
“Discriminatory policies and entrenched inequality are driving these outcomes – and governments – must respond with coordinated national action.”
Commissioner Kiss said reform efforts needed to begin in the earliest stages of children’s lives.
“Governments across Australia need to fix the systems driving inequality so First Nations children get a good start in life, and enjoy better health, education and economic opportunities so they have pathways to brighter – not imprisoned – futures,” she said.
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