A/HRC/31/14
121. Croatia noted many positive actions and asked about steps to increase the minimum
age of criminal responsibility and cease the detention of children in adult facilities.
122. Cuba noted the high level of indigenous Australians in prison, the excessive use of
force by police and that the concerns expressed by UNHCR about the response of Australia
to the arrival of migrants by sea should be fully taken into account.
123.
The Czech Republic appreciated the response to some of its advance questions.
124. The Democratic People’s Republic of Korea remained concerned at the reported
maltreatment of refugees and asylum seekers and violations of the rights of Australian
indigenous people.
125. Denmark noted that Australia had still to ratify the Optional Protocol to the
Convention against Torture.
126. Ecuador welcomed Parliament’s proposed constitutional reform to include a
reference to Australian indigenous peoples and the 2010 legal amendments on prohibiting
torture and the death penalty.
127. The delegation addressed the rights of older persons, noting the strong legal
protections for the rights of older people and the prohibition of age discrimination in areas
of public life, including accommodation, education, employment and the provision of
goods and services.
128. The delegation discussed Australian commitment to addressing barriers to workforce
participation and the role of the Age Discrimination Commissioner and Ambassador for
Mature Age Employment in raising awareness of age discrimination and of the business
benefits of hiring older workers.
129. Responding to recommendations on sexual orientation, gender identity and intersex
status, the delegation noted the Government’s commitment to holding a plebiscite on
marriage equality after the next election. In 2013, Australia had amended its Sex
Discrimination Act to provide protection from unlawful discrimination on the basis of
sexual orientation, gender identity and intersex status. The delegation reported that
temporary exemptions from these new laws to facilitate any amendments necessary to state
and territory laws would not be extended beyond 31 July 2016.
130. The delegation noted that Australia encouraged businesses to apply the Guiding
Principles on Business and Human Rights in their operations. Australia encouraged
industry-led discussions on the implementation of the Guiding Principles and was
considering further what role Government might play to support this. There were already
comprehensive domestic laws in relation to anti-discrimination, privacy, employment
conditions and criminal offences for serious misconduct, such as forced labour, slavery and
torture.
131. Turning to racism and multiculturalism, the delegation explained the role of the
dedicated Race Discrimination Commissioner in promoting social harmony and community
resilience, including through the successful “Racism. It Stops With Me” campaign. The
delegation noted the Multicultural Access and Equity Policy, which acknowledged an
obligation on government departments and agencies to provide equitable access to services
regardless of the cultural or linguistic background of clients.
132. Responding to comments on children within the criminal justice system, the
delegation explained that the minimum age of criminal responsibility in Australia was 10
years. However, the application of the safeguard principle of doli incapax between the ages
of 10 and 14 provided a gradual transition to full criminal responsibility. Mandatory
minimum sentences did not apply to any offences committed by children under federal law,
11
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