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Recommendation 165

Remove the reservation to the CRC, and prohibit corporal punishment of children in the home and all other settings

State
Estonia
Issue
International human rights treaty action
Domestic legal, institutional and policy frameworks
Population group
Children
Australian Government Agency and/or Jurisdiction
• Attorney-General's Department
• Department of Foreign Affairs and Trade
• States and territories
Australia's Response
Notes (will not consider further at this time)
Australia's Position

Australia periodically reviews its reservations including to the Convention on the Rights of the Child (CRC) to determine whether they remain necessary. Australia's reservation to the CRC is consistent with the object and purpose of this treaty and consistent with the Vienna Convention on the Law of Treaties. There have been no objections made to this reservation by other State Parties.

The Australian Government in no way condones the use of corporal punishment as an approach to student behaviour management in schools. Corporal punishment is not a sentencing option in any juvenile justice system in Australia. Child protection mechanisms and criminal penalties apply to families who physically abuse or cause serious harm to a child.

The Australian Human Rights Commission and the National Children's Commissioner work to promote the human rights of all Australians, including children.

Australia has had a dedicated federal National Children's Commissioner since 2013. The Commissioner is established within the Australian Human Rights Commission by Part IIAA of the Australian Human Rights Commission Act 1986(Cth). The Commissioner's functions include promoting discussion and awareness of human rights in relation to children. The Commissioner also undertakes programmes (including research and educational programmes) to promote respect for the human rights of children and to promote the enjoyment and exercise of human rights by children. Information about the work of the Commission on children's rights can be found on the Children's Rights page on the Australian Human Rights Commission website.

Through the Council of Australian Governments, the Australian Government works with state and territory governments on the National Framework for Protecting Australia's Children 2009-2020. The framework has a focus on supporting Indigenous children and keeping them safe in their families and communities. Australia will implement the Third Action Plan under the National Framework for Protecting Australia's Children 2009-2020, released on 9 December 2015.

For information about state and territory policies and programmes related to children, visit:

For information on state and territory policies and programmes related to Aboriginal and Torres Strait Islander peoples, visit: