Australia’s human rights framework — which allows children as young as 10 to be incarcerated in most jurisdictions — has been sharply criticised by the international community, with critics arguing the country cannot present itself as a model democracy while continuing to violate children’s rights.
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The federal government has repeatedly argued that setting the minimum age is a matter for states and territories.
However, legal advice obtained last year by the Justice and Equity Centre from barristers Kate Eastman AM SC and Emma Dunlop found the Commonwealth could act under section 51(xxix) of the Constitution to meet its international obligations.
