The Australian states and territories are facing pressure from developed nations and the UN, which are trying to persuade Canberra to raise the age of criminal responsibility from 10 to 14 years. This is reported by BBC.
Last year, the Northern Territory of Australia became the first jurisdiction to increase the age of responsibility to 12 years. However, the newly elected government of the Australian Liberal Party, which took office in August, plans to overturn this decision.
The return to a 10-year age for criminal punishment is argued by the Liberal Party to protect children, despite opposition from doctors and Indigenous rights organizations who challenge this logic.
They cite studies indicating that such laws will not reduce crime rates but will instead have a negative impact on Aboriginal children and Torres Strait Islander residents.
There has already been a noticeable increase in the youth prison population in the Northern Territory. The BBC notes that the incarceration rate for "northern" children is 11 times higher than the same rate in any other jurisdiction in Australia. Moreover, it is predominantly Aboriginal children who end up in prison in the Northern Territory.
The new government of the territory claims that it has a mandate to intensify the fight against crime after a decisive electoral victory. This point in their election program is believed by the Liberals to have garnered voter sympathy.
The Liberals argue that allowing punishment for children from the age of 10 will help deter them from committing crimes in older age.
Many communities across Australia have reported experiencing a youth crime crisis. Following several violent incidents this year, authorities imposed a curfew for youth in the town of Alice Springs in the Northern Territory.
The opposition leader in the Northern Territory, Leah Finocchiaro, stated that her government received a mandate from voters for decisive action. She believes it is right to "intervene" in the lives of young offenders and offer them training and rehabilitation programs to address the root causes of their crimes.
The Northern Territory government also plans to tighten bail rules. "We make no apologies for fulfilling our election promises to ensure the safety of the territory."
However, studies conducted both globally and in Australia have shown that imprisoning children increases the likelihood of them reoffending and often has detrimental effects on their health, education, and employment.
Earlier this year, a report by the Australian Human Rights Commission—a federal independent agency—found that the policy was driven by populist rhetoric of "tough on crime" and that governments should instead reinvest money spent on incarcerating children into support services for children.
When the Northern Territory parliament discussed the bill on Wednesday, about 100 people gathered outside to protest, some carrying signs. One read: "10-year-olds still have baby teeth." Another said: "What if it were your child?"
The Commissioner for Children in the Northern Territory, Shakila Mask, told the BBC that there is "structural racism" in the youth justice system of the Northern Territory. Aboriginal children are less likely to receive warnings, are more frequently charged and prosecuted, and are more often detained than non-Aboriginal offenders.