Children's Rights in Australia: Policies, Practices, and Challenges

This essay provides a comprehensive overview of children's rights in Australia, focusing on the current policies and practices within the child protection system. It critically evaluates these policies from a human rights perspective, examining the legislative and policy instruments that aim to uphold children's rights. The essay explores the role of social work theory in child protection, highlighting the investigatory rather than supportive strategies and emphasizing the importance of addressing the limitations and challenges in the current system. Furthermore, it discusses the human rights perspectives, the limitations, and offers recommendations for improving the protection of children's rights, including suggestions for more stringent laws, better training for social workers, and improved court practices. The conclusion emphasizes the inherent and mandatory nature of children's rights and the legal recourse available when these rights are infringed upon, advocating for the best treatment and protection for every child.

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Human Rights Based Social Work Practice

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Introduction: CHILDREN’S RIGHTS
Etymologically speaking, the term Children’s Right imply those rights, which belong to the
children. The term ‘Children’s rights’ is defined as those human rights of the children that
provide specific attention to the rights that deals with special protection as well as care
afforded to minor communities (Calma & Friday, 2011). A The most important rights of the
children with regard to the human rights includes the right to associate with parents, right to
protection of the child physically and mentally, right to health, education and basic needs, the
right to be treated patiently, right to play, freedom from force, undue influence, coercion,
misrepresentation and fraud, equal protection from the law without any kind of
discrimination based on caste, creed, colour, race, sex etc (Gould & Taylor, 2017).
The report provides an overview about the present South Australian policies pertaining to the
rights of the children in Australia, taking account of the scenario children protection systems.
Additionally, the report also throws light upon the rights of the children through the
legislative and policy instruments along with the necessary alterations, which have taken
place making sure that the rights of the children are not infringed.
Critical Evaluation: Australian and South Australian Policies towards Children’s rights
According to Bessell (2011), Australia is regarded as a signatory that deals with considerable
treaties that influences the rights of the children. The children include the category of those
people who are below the age of 18 years. The federal as well as the state influences the right
and protection of children. In Australia, the individuals belonging to the age group of below
18 years are regarded as children. The country does not charge children with type of criminal
offence. Both the children and the adults are entitled to receive human rights. But according
to Baldwin (2012), a child is always offered better protection than an adult because of the
tender age of the child and the lack of maturity in them. The children are exposed towards
vulnerability to abuse and exploitation.
As opined by Fook & Pease (2016) Australia has conjoined with CRC since December, 1990.
This implies that Australia possesses a hug responsibility and insurance towards the
protection children residing in its arena. The Australian children are fortunate enough to
enjoy the various rights as per the treaty. The Federal as well as the State government in
Australia formulates various rules, regulations and policies towards the rights and protection

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of children. Ife (2012) stated that, the Australian government has collaborated with CRC and
the United Nations Organisation (UNO), especially UNICEF for the development of the
children. Grealish & Anne Smale (2011) opined that, the South Australian policies include
the provision of support to the United Nations Convention on Rights of Child (UNCRC),
promoting of UNICEF’s tasks and programs towards the education and protection of
exploitation of the children, provision of priority to the disable children or children suffering
from financial crisis and laying importance towards the child rights in the overseas
development program.
The Australian policies save the children from self-incrimination and do not charge children
with type any of criminal offence. According to Payne (2015), this is on account of ‘Doli
Incapax’. This means that every child below the age of 7 years would be exempted from all
kinds of offence. This is so, because a child below 7 years cannot form the required
‘Mensrea’, that is, criminal intention to commit a crime. The children above 7 years fall
under the category of Doli Capax. This means that, these children will be treated with
extreme liberty and they could not be accused of any offence unless proved beyond
reasonable doubt. The key tenets under the policies of Australia towards the protection of the
children include the following:
a. Provision towards the best interests of the child and his/her welfare would be of
primary consideration.
b. Provision of the basic rights to live, survive and develop.
c. Provision of rights to speak freely and express their views in every matter
d. It would be the right of every child to enjoy all the rules and tenets of the CRC
without any sort of difference on the basis of caste, creed, race, colour and sex.
e. Every child should be protected from the arena of the criminal world. They should be
corrected when they go wrong, and be restricted to socialise with criminals.
f. Every child possesses the right to freedom to choose what they like. They should not
be forced upon, for the commission of an act. If the force, for the commission of the
act is an illegal one, such force and abatement would be punishable.
Child Protection System: Social Work Theory
The rights of children in Australia, involves one of the most important theories called the
Social Work Theory where the children protection system is intended towards investigatory

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rather than the supportive strategies. This in turn helps to deal with the wicked problems in
relation to the rights of the children. Under the Social Work Theory, a social worker is a
person who aids to decrease the levels of stress, anxiety and trauma in the children they help
in the growth of the child’s mental status and help them to fight their mental battles with ease.
The children refights in Australia involves social work theory where the children protection
system is intended towards investigatory rather than supportive strategies. This in turn helps
to deal with the horrendous problems that are related to the children rights. The social work
theory plays a pivotal role in the child protection system (Fraser et al., 2014). This theory
helps in the protection of the children who have suffered in the past and aids in the prevention
of further trauma as a result of the ill experiences. There are various legislative functions,
which are support by the government of Australia in the aid of the betterment of the children.
The legislative body in Australia possesses the jurisdiction over the provision of the
protection systems towards the children.
Under the Social Work Theory, the social workers target towards the utmost welfare of the
children. They focus on the prevention of neglect, abuse, exploitation, discrimination and
other socio economic offences towards the children. They focus on giving the children a life
with a positive outlook (Lonne, Harris & Lantz, 2012). They help the children in overcoming
the agony they have gone through in a the past and live a life worthy of living. The engage
the children in various other activities so that their attention becomes diverted from the ill
experiences from the world. The knack of the children are recognised and they are
encouraged to do the same. The Social work Theory also provides education to the children
and help in reforming the child, so that they can be confident human beings.
The Social Work Theory workers are very conscious about their role play in the complex
situations of benefitting the child. This theory includes the inclusion of the members of the
family, of the suffered children (Newman, Proctor & Dudley, 2013). Thus, this theory
includes the mechanism of providing residential care, foster care and the development of the
child’s mental growth. The root causes are investigated and the deserving rights are provided
to the children. The rights of the children are a part and parcel of the human rights structure
and thus they are guaranteed to every child and at every stage of their life. It also includes the
protection of the children at large.

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Human Rights perspectives: Legislation and Policy instruments of Australia
The Human rights are regarded as an imperative part in the life of every individual. The
individuals residing in Australia mostly think about violations as well as abuse as far as the
human rights are concerned. In Australia, human rights are viewed in terms of problems that
deal with torture, political dictatorship as well as illegal executions. The Australian Human
Rights Commission (AHRC) lays stress upon the principle that every child and the young
people are allowed to and given the free space to place their problems which are having an
effect in their lives. It is the duty of the National Children’s Commissioner (NCC) to see that
the rights of the children are protected and prevented from infringement. Under the
legislation and the policy instruments of Australia, the provision of national leadership and
cooperating with the difficulties faced by the child are laid emphasis upon. There is creation
of awareness in relation to the rights of the children in the long run. Stringent punishment
would be imposed upon those who infringe the laws relating to the protection of rights of
children (Sheehan, 2018). The policies, programs and the legislations included in the
Australian government include the prevention of children from being a prey to the ill
activities in the society. The children should be protected from those offenders who
deliberately involve the young individuals to participate in the criminal offences. The
children possessing criminal tendencies, should be treated with love and care. This would
help them in leading a normal and happy life.
Limitations
There are certain limitations found in the formulation of the child rights. All the children in
Australia are not covered in the arena of the Child Protection Systems. Those who are
excluded often suffer in the long run and do not lead a happy and healthy life.. In some
instances, the punishments are not imposed upon the guilty individuals and they are set free
by the courts. This is due to the presence of the loop holes in the Australian laws and ill
functioning of the functionaries of the Australian courts. The children sometimes are not
provided with the deserving care and other facilities in many fields. This is due to the lack of
supervision of the management of the child rights association. It is the immediate need of the
Australian Federal as well as the State government to look into these matters.

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Recommendations
For resolving the disputes and overcoming the limitations under the protection of the rights of
the children, it is recommended that there should be an annual register maintained by the
Federal government of Australia to keep a record of the all the children. The laws should be
made more stringent. Proper training and knowledge should be provided to the social workers
who deal with the protection of the children. To add to this, the functionaries of the courts
should perform their duties in a more vigilant manner, so that they can prevent the rights of
the children from being violated and protect the children from abuse, exploitation and
criminal acts. Thus, the above recommendations would prove to be very effective in solving
the above issues.
Conclusion
After a close perusal of the above information provided in the report about the Australian and
the South Australian Policies, for the protection of the rights of the child, it can be concluded
that, the rights of the children are inherent and mandatory in nature. Every child has access to
these rights and in case, they are infringed, the legal authorities can be sought. This is so,
because every child is a gift from God and they require the best treatment from everyone on
earth. The legislative organ of Australia too supports for the policies and the rules for the
protection of the children. The social work theory is an efficient child protection system and
aims at their welfare.

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