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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