Table of Contents

What Are Children’s Rights?

Children’s rights are the entitlements and freedoms that all individuals under the age of 18 are guaranteed. These rights ensure that children are treated with dignity, respect, and fairness and are protected from harm. The foundation of these rights is the United Nations Convention on the Rights of the Child (UNCRC), which Australia ratified in 1990.

Unlike general needs such as food or shelter, children’s rights are legal obligations that governments and societies must uphold. For example, a child doesn’t just need education—they have the right to access free, quality education.

Overview of the United Nations Convention on the Rights of the Child

The UNCRC is an international human rights treaty adopted in 1989 and ratified by Australia in 1990. It sets out 54 articles that define how children should be treated and protected. Some simplified key rights include:

The right to be safe and protected from harm
The right to an education
The right to express opinions and be heard
The right to access healthcare
The right to play and rest

Why Children Have Specific Rights

Children require distinct legal protections due to their developmental needs, vulnerability, and dependency on adults. They cannot always advocate for themselves or understand complex situations, so it’s crucial to uphold safeguards that ensure their wellbeing, development, and future opportunities.

The Four Core Principles of the UNCRC

The UNCRC is guided by four key principles that influence how all other rights are interpreted and applied:

Non-discrimination

Every child has the right to be treated equally, regardless of gender, culture, disability, family background, or immigration status. For example, schools must ensure inclusive education regardless of a student’s abilities or background.

Best Interests of the Child

All decisions affecting a child should prioritise their safety, wellbeing, and development. In family law disputes, courts consider the child’s best interests above all else.

Right to Life, Survival and Development

Children must have access to conditions that support their physical and emotional wellbeing, including health care, nutrition, and education. Governments are obligated to ensure children thrive, not just survive.

Respect for the Views of the Child

Children have a right to express their opinions and to have those opinions taken seriously in decisions that affect them. In education and care settings, this might involve consulting children about school rules or their personal care.

Children’s Rights Under Australian Law

National Legislation and Policy

Australia does not have a single federal law covering all children’s rights, but multiple laws work together to provide protection. These include:

Family Law Act 1975
Children and Young Persons (Care and Protection) Act (varies by state)
Human Rights Charters (e.g. Victoria’s Charter of Human Rights and Responsibilities Act)

Roles of State and Territory Child Protection Services

Each Australian state and territory has its own child protection agency responsible for responding to reports of abuse, neglect, or harm. While procedures vary, all systems aim to prioritise the child’s safety.

Legal Rights at Different Ages

Children’s legal rights in Australia change as they grow:

10: Age of criminal responsibility
14: Greater say in medical treatment decisions (with maturity)
16: Consent to some medical procedures
18: Legal adulthood and full rights

How Australia Implements the UNCRC

Reporting and Monitoring Compliance

Australia must submit regular reports to the UN Committee on the Rights of the Child to demonstrate how the UNCRC is being implemented. NGOs may also submit ‘shadow reports’ to highlight concerns.

Federal and State Government Responsibilities

The Commonwealth coordinates international reporting and standards, while states and territories implement child protection, education, and health services. Coordination is managed through the National Framework for Protecting Australia’s Children.

Practical Programs Supporting Children’s Rights

National Redress Scheme for institutional abuse victims
Early Childhood Education programs
Health initiatives like Medicare Child Dental Benefits
Justice reinvestment programs for Indigenous children

Child Rights in Specific Contexts

Education and School Environments

All children have the right to attend school in a safe, inclusive, and respectful environment. Anti-bullying policies and inclusive education standards help protect these rights.

Health and Medical Treatment

Children are entitled to confidential and accessible healthcare. As they mature, they may also have the right to make decisions about their treatment, known as “Gillick competence.”

Protection from Violence, Abuse, and Exploitation

Australia has strict child protection laws, mandatory reporting obligations, and intervention services to prevent and respond to abuse and neglect. Learn more through this child protection training course.

Indigenous and Culturally Diverse Children

Aboriginal and Torres Strait Islander children have the right to maintain connections with their culture, family, and community. Policies like the Aboriginal Child Placement Principle support cultural safety.