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On Human Rights Day Children’s Ground calls for strong national commitment to the rights of First Nations children as recent decisions across Australia raise serious concerns for children’s safety and futures.
Australia is failing children in the justice system and First Nations children carry the greatest burden. Children’s Ground urges governments to invest in prevention and to step away from the politicisation of young people that drives harmful punitive responses. Culturally safe and community led responses are essential to prevent crime and reduce incarceration.
In the Northern Territory, amendments to the Youth Justice Act alongside other regressive actions are creating serious risks for children, families and communities. Children as young as ten can now be held criminally responsible. Children are being relocated long distances and separated from family while in detention. There has been a reported increase in the use of watch houses to detain young people for extended periods, and the reintroduction of spit hoods is a breach of human rights and a serious concern for safety and wellbeing.
These measures carry serious and lasting consequences for First Nations children who already experience stark over representation in detention and child protection.
They reflect a failure to uphold the human rights of children and young people who need cultural connection, learning and stability yet continue to face systems that place them in harm’s way.
Across Australia, several jurisdictions are advancing youth justice measures that place children at greater risk. Victoria has passed laws that could allow life sentences for children. Queensland is advancing laws that expand serious penalties for children, including the possibility of life sentences for non-violent offences. NSW is progressing youth justice reforms identified by legal advocates as likely to increase child incarceration. This signals a national shift toward punishment rather than care, responsibility, rehabilitation or cultural connection, a trend criticised by past and current National Children’s Commissioners.
Punitive approaches are ineffective, costly and harmful to children’s health, education and wellbeing, while community-based responses show strong evidence of impact in Australia and internationally.
Children grow strong in systems grounded in rights and respect.
The Children’s Ground Approach shows how family leadership can create genuine engagement for children and young people. Culturally based learning, cultural authority, family engagement and community led governance build environments where children thrive. Communities demonstrate this through growing First Nations employment, cultural revitalisation, strong early learning participation and strengthening of cultural and community life. The principles in the United Nations Declaration on the Rights of Indigenous Peoples provide a clear foundation for these systems and should guide legislation and policymaking in Australia at every turn.
Children’s Ground Chair and 2025 Human Rights Awards finalist, William Tilmouth, said:
“I grew up without a voice and without the right to choose. Assimilation was the policy of the day. Our children deserve a different life. They deserve to grow up with family, language and real opportunity, knowing their identity and who they are. I’m heartened by the fact that I see families stepping forward now with confidence and taking control of their lives. This is what human rights is about in our communities. Our old people have shown us this way, and our children now have the chance to walk forward in strength and confidence.”
Children’s Ground CEO, Jane Vadiveloo, said:
“Children deserve systems that protect them, listen to them and honour their rights. Government decisions shape the daily reality for our children and carry profound responsibility. Policies that separate children from family, increase detention and expand punitive settings place them at real risk. Every level of government holds the responsibility to create environments of safety, cultural connection and opportunity. Our children deserve courage and leadership from those who hold that power.”
Children’s Ground honours the Elders, families and young people who uphold the rights of children every day and who continue to lead solutions grounded in culture, identity and care. Their leadership shows a clear direction for Australia.
Children’s Ground also acknowledges the recognition of Chair William Tilmouth among the finalists for the 2025 Australian Human Rights Awards, reflecting the strength and leadership of the communities he represents.
