UN Committee Raises Concern Over Systemic Racial Discrimination Against Indigenous Children in Australia’s Youth Justice System

The UN Committee on the Elimination of Racial Discrimination (CERD) has expressed serious concern over the continued over-representation of Aboriginal and Torres Strait Islander children in Australia’s youth justice system, warning that systemic racial discrimination remains deeply embedded in the administration of criminal justice.

In a statement issued on 6 May 2026, CERD highlighted that Indigenous children accounted for approximately 65% of all children in detention on an average day during 2023–24, despite representing only 6.5% of Australia’s population aged between ten and seventeen years. According to the Committee, this disproportionate detention rate reflects broader structural inequalities experienced by Indigenous communities in areas such as education, healthcare, housing, and social security.

The Committee further observed that racial profiling, over-policing, and discriminatory law enforcement practices continue to increase the likelihood of Indigenous children being arrested, prosecuted, and detained. It also criticised Australia’s minimum age of criminal responsibility, which remains as low as ten years in some jurisdictions, falling below internationally accepted child rights standards.

CERD raised additional concerns regarding detention conditions, citing reports of prolonged solitary confinement, detention alongside adults, inadequate healthcare, use of spit hoods, ill-treatment, and incidents of self-harm and suicide among Indigenous children in custody.

While acknowledging initiatives such as the National Commission for Aboriginal and Torres Strait Islander Children and Young People and the National Justice Reinvestment Program, the Committee noted the absence of sufficient evidence demonstrating that these measures have effectively reduced Indigenous over-representation in detention.

The Committee urged Australia to strengthen efforts to eliminate racial discrimination within its youth justice system and ensure compliance with international human rights obligations protecting Indigenous children.