Submission in relation to General Assembly Resolution A/RES/66/141 on the Rights of Aboriginal and Torres Strait Islander children in Australia

Overview

SNAICC contributed to the Secretary-General’s report to the UN General Assembly on the rights of the child in April 2012, with a specific focus on Aboriginal and Torres Strait Islander children. At the time, Aboriginal and Torres Strait Islander children in Australia under 14 years made up over 5% of this age group, double their proportion in the wider population, a figure continuing to grow due to higher birth rates in Aboriginal and Torres Strait Islander families. This demographic reality underscores the urgent need for governments to uphold and protect the rights of Aboriginal and Torres Strait Islander children across all aspects of life.

Aboriginal and Torres Strait Islander children face persistent and systemic violations of economic, social, cultural, civil, and political rights. Despite Australia’s wealth, gaps in human rights for Aboriginal and Torres Strait Islander children remain stark, reflecting unequal power relationships, intergenerational disadvantage, and exclusion from decision-making processes affecting their lives. SNAICC emphasises that meaningful progress relies on Aboriginal and Torres Strait Islander communities being resourced and supported to exercise self-determination and participate fully in governance and policy decisions. Top-down approaches, such as the Northern Territory Emergency Response, have been widely criticised for undermining local governance, eroding community capacity, and failing to respect human rights frameworks.

Across health, education, and social protection, Aboriginal and Torres Strait Islander children experience profound disadvantage. They are more likely to experience poverty, overcrowded housing, low birth weight, hearing loss, and limited access to culturally appropriate health services. Educational outcomes remain significantly lower than non-Indigenous peers, with structural barriers including limited access to early childhood programs, schools, qualified teachers, bilingual education, and culturally relevant curricula. Aboriginal and Torres Strait Islander children also face disproportionate rates of neglect, abuse, overrepresentation in out-of-home care, and contact with the juvenile justice system. These issues are compounded by limited access to community-controlled services and culturally safe supports.

Culture and identity are central to the wellbeing and rights of Aboriginal and Torres Strait Islander children, yet collective rights to practice and preserve language, culture, and spirituality are continually undermined. Policies restricting access to Homelands, the closure of bilingual and both-ways schools, and the imposition of mainstream service models erode cultural rights and limit the capacity of children and families to maintain connection to Country and community. Governments must apply the best interests of the child principle with a strong cultural lens, recognising that Aboriginal and Torres Strait Islander children’s rights are inseparable from their collective cultural rights.

SNAICC calls on governments to implement a human rights-based approach to Aboriginal and Torres Strait Islander children’s wellbeing, grounded in self-determination, community-driven solutions, and adequate resourcing. This includes the establishment of a properly resourced national Aboriginal and Torres Strait Islander children’s commissioner, strengthened Aboriginal and Torres Strait Islander governance and leadership, and ongoing investment in culturally accessible health, education, and family support services. Sustainable advances for Aboriginal and Torres Strait Islander children require policies and programs developed in genuine partnership with communities, building on cultural strengths to ensure every child can grow up safe, healthy, connected to culture, and empowered to reach their full potential.