Juvenile Justice, Young People and Human Rights in Australia

Current Issues in Criminal Justice, Vol 28, No 2, pp. 173-188

17 Pages Posted: 3 Jan 2018

See all articles by Chris Cunneen

Chris Cunneen

Jumbunna Institute for Indigenous Education and Research,University of Technology Sydney; University of New South Wales, School of Social Sciences; James Cook University - Cairns Campus

Barry Goldson

University of Liverpool - Department of Sociology, Social Policy and Criminology

Sophie Russell

University of New South Wales (UNSW) - School of Social Sciences

Date Written: December 1, 2016

Abstract

This article identifies the key human rights issues that emerge for young people in juvenile justice in Australia. While there is a clear framework for respecting the human rights of children within juvenile justice, the article poses the question: To what extent does Australia actually operationalise and comply with these rights in law, policy and practice? In answering, it discusses various national and international reports, legislation, academic and other research and litigation on behalf of children. It identifies substantive and procedural human rights violations affecting young people in juvenile justice, many of which fall disproportionately on two over-represented groups: Indigenous young people, and those with mental health disorders and cognitive disability. While there are review and compliance mechanisms in place, respect for young people’s rights within the broad area of juvenile justice remains problematic.

Keywords: juvenile justice, human rights, youth penality, comparative criminology

Suggested Citation

Cunneen, Chris and Goldson, Barry and Russell, Sophie, Juvenile Justice, Young People and Human Rights in Australia (December 1, 2016). Current Issues in Criminal Justice, Vol 28, No 2, pp. 173-188. Available at SSRN: https://ssrn.com/abstract=3093711

Chris Cunneen (Contact Author)

Jumbunna Institute for Indigenous Education and Research,University of Technology Sydney ( email )

15 Broadway, Ultimo
PO Box 123
Sydney, NSW 2007
Australia

University of New South Wales, School of Social Sciences ( email )

Kensington, New South Wales 2052
Australia

James Cook University - Cairns Campus ( email )

PO Box 6811
Cairns, Queensland 4870
Australia

Barry Goldson

University of Liverpool - Department of Sociology, Social Policy and Criminology ( email )

Bedford Street South
Liverpool, L69 7ZA
United Kingdom
+44 (0) 151 794 2977 (Phone)
+44 (0) 151 794 2997 (Fax)

HOME PAGE: http://www.liv.ac.uk/sspsw/staff/biogs/goldson.htm

Sophie Russell

University of New South Wales (UNSW) - School of Social Sciences ( email )

Sydney, NSW 2052
Australia

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