Cases violating ICCPR art 24(1) (potential) (4)

Note that committees can record actual or potential violations.

Every child shall have, without any discrimination as to race, colour, sex, language, religion, national or social origin, property or birth, the right to such measures of protection as are required by his status as a minor, on the part of his family, society and the State.

ICCPR art 24(1)

Bakhtiyari & Bakhtiyari v Australia (HRC, 2003)

Remedy's assessment: Unremedied

A family of Hazara asylum seekers claiming to be from Afghanistan was detained on arrival in Australia. Australia determined that the Bakhtiyaris’ claim to be from Afghanistan was not credible; doubt about their origins undermined their refugee claim. The HRC requested a stay of deportation. In its Final Views, the HRC decided that the long-term detention of the family was arbitrary, beyond judicial review, and had not been ‘guided by the best interests of the children’. Further potential violations were found. It proposed that Australia should pay appropriate compensation for these violations. Australia deported the family to Pakistan in 2004, without compensation.

Read more on Bakhtiyari & Bakhtiyari v Australia.

Blessington & Elliot v Australia (HRC, 2014)

Remedy's assessment: Unremedied

Bronson Blessington and Matthew Elliot were children who committed violent crimes for which they were sentenced to life in prison without parole. The UN Human Rights Committee found that children should never be sentenced to life in prison without a realistic chance of release and recommended Australia reform its laws without delay to ensure the possibility of release is realistic and regularly considered. The two men ought to be given the benefit of the revised legislation and compensated for breaches of the International Covenant on Civil and Political Rights.

Read more on Blessington & Elliot v Australia.

Brough v Australia (HRC, 2006)

Remedy's assessment: Unremedied

A 16-year-old boy, convicted of burglary and assault, was transferred to an adult prison after participating in a riot at a juvenile detention centre. He was subjected to solitary confinement, forced nakedness, forced anti-psychotic medication and 24-hour lighting. In view of Mr Brough’s additional vulnerability as an Indigenous Australian with a mild intellectual disability, the HRC found that he had been treated inhumanely and without the protection due to children, and should be compensated. He has not been compensated.

Read more on Brough v Australia.

Zoltowski v Australia (HRC, 2015)

Remedy's assessment: Unremedied

Mr Zoltowski is a Polish-Australian who moved to Australia with his wife and their 2-year-old son. After nearly 3 years, the family returned to Poland, with the intention of permanent relocation. However, Mrs Zoltowski soon changed her mind, and took the boy to Australia without his father’s consent. The couple divorced, with Polish courts granting sole custody of the child to his father, and the Family Court of Western Australia granting sole custody to his mother.

Mr Zoltowski applied under the Hague Convention on Civil Aspects of International Child Abduction for the return of his son to Poland. Eighteen months later, when his first application was unsuccessful, he applied under the Hague Convention for access and custody. The WA Family Court granted Mr Zoltowski supervised access to his son in Australia, two-and-a-half years after he had first applied.

The UN Human Rights Committee found that Australia’s failure to guarantee personal relations and regular contact between Mr Zoltowski and his son constituted arbitrary interference with family life and violation of the right of families and children to protection. Also, Australia’s failure to deal expeditiously with Mr Zoltowski’s custody and access applications amount to a violation of his rights concerning fair hearings. An effective remedy would include ensuring regular contact between father and son and compensation for the violations of their rights. Australia must also act to prevent similar violations recurring.

Read more on Zoltowski v Australia.