UN review of Australia’s human rights record raises concerns about continued imprisonment of children, offshore detention of refugees, and lack of human rights protections

A United Nations review of Australia's human rights record has reinforced Amnesty International Australia's ongoing calls to raise the age of criminal responsibility, end offshore detention, and legislate a Human Rights Act, after raising serious concerns regarding Australia's protections for children, refugees and people seeking asylum.

40 countries called on Australia to raise the age of criminal responsibility to at least 14, many noting that Aboriginal and Torres Strait Islander people remain overrepresented in the criminal justice system. At the review, the Australian government recognised that more must be done to address that overrepresentation.

"The review served as a stark reminder that more must be done so that everyone in Australia's human rights are protected and respected."

Countries also called for Australia to end its policy of detaining refugees and people seeking asylum offshore. This recommendation was made at Australia's previous review in 2021. Despite these recommendations, and repeated calls from Amnesty and others to end offshore detention, the Albanese government reached an agreement with Nauru in 2025 that effectively creates a back-door deportation scheme.

Over 10 countries recommended the government legislate a Human Rights Act, highlighting that Australia's federal laws do not protect people's human rights including the rights to health, housing, and education.

Sam Klintworth, National Director at Amnesty International Australia said:

"The review served as a stark reminder that more must be done so that everyone in Australia's human rights are protected and respected.

"Children as young as 10 are imprisoned in Australia, contrary to internationally recognised standards. Since Australia's last review, harsh laws introduced in the Northern Territory and Queensland including "adult crime, adult time" policies have increased the already disproportionate rates of Aboriginal and Torres Strait Islander children in prisons.

"Australian governments must raise the minimum age of criminal responsibility to at least 14 and fund Indigenous-led and community-based diversion programs to keep Indigenous kids in community, and away from prisons.

"Despite concern being repeatedly raised about Australia's offshore detention policies, the Australian government doubled down on these policies at the review. The review makes it clear that the government must end offshore detention for refugees and people seeking asylum and allow those transferred to Nauru and Papua New Guinea to resettle in Australia.

"Without a Human Rights Act, people can't take action, either through a complaints mechanism or in court, when their rights are abused. Amnesty calls on the government to legislate a Human Rights Act so everyone in Australia's rights are protected, and so people can challenge injustice."

Background

Every five years UN member states undergo a Universal Periodic Review at the UN Human Rights Council, where their human rights records are scrutinised.

Australia appeared before the UN Human Rights Council on 26 January 2026. The Albanese government must now respond to these recommendations by July 2026.

Australia's last review occurred in 2021 where 122 states made 250 recommendations, and the Australian Government supported 177 of the recommendations.

The Australia Human Rights Commission's assessment is that only 6% of these recommendations have been fully implemented, although 86% have been partly implemented, since 2021.

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