The Child’s Best Interest: A Review of Australian Juvenile Justice Legislation

Abstract

The United Nations Convention on the Rights of the Child (UNCRC) is a universally agreed upon set of obligations and standards which recognise that children, independent of adults, are born with and entitled to the fundamental freedoms and rights that are inherent to all human beings. Article 3 of the UNCRC decrees that the best interests of the child must be a primary consideration of executive authorities, law-makers, judicial bodies, and relevant private institutions in all actions taken in matters concerning children. A review of relevant Australian State and Territory juvenile justice legislation revealed considerable disparity in interpretation and inclusion of the best interests principles. What the analysis revealed was that whereas the procedural rights of a young offender are met, much of the legislation does not extend to ensuring that what happens once the young person enters the juvenile justice system is in his or her best interests.