Australian territory resumes jailing 10-year-olds

In a significant development in Australia, the Northern Territory (NT) government has decided to allow children as young as 10 years old to be jailed again. This decision comes after the government lowered the age of criminal responsibility, which has been a topic of much debate across the country. Many Australians have been advocating for the age to be raised from 10 to 14, aligning with the recommendations of other developed nations and the United Nations. Last year, the NT was the first region to increase the age to 12, but the newly elected Country Liberal Party government has reversed this decision, claiming it is necessary to combat rising youth crime rates. They argue that allowing the criminalization of younger children will ultimately protect them, despite opposition from medical professionals, human rights organizations, and Indigenous groups who argue that this approach will not effectively reduce crime and will disproportionately impact Aboriginal and Torres Strait Islander children. The NT already has the highest rate of child incarceration in Australia, with children being jailed at a rate 11 times higher than in other regions. The new government believes they have a mandate from voters after a decisive election victory, which was largely based on a campaign focused on being tough on crime. They assert that criminalizing younger children will help steer them away from future criminal behavior. Chief Minister Lia Finocchiaro stated that the government has a clear plan to address youth crime by lowering the age of criminal responsibility. She emphasized that this change would allow the courts to intervene in the lives of young offenders and provide them with programs aimed at addressing the underlying causes of their actions. The NT government also plans to tighten bail regulations, reinforcing their commitment to making the territory a safer place. However, research both in Australia and globally indicates that incarcerating children often leads to higher rates of reoffending and can have severe negative effects on their health, education, and future employment opportunities. Earlier this year, a report from the Australian Human Rights Commission highlighted that policies are being driven by a populist 'tough on crime' narrative, suggesting that funds spent on jailing children should instead be redirected towards support services. As the NT parliament debated the new legislation, around 100 protesters gathered outside, holding signs with messages such as '10-year-olds still have baby teeth' and 'What if it was your child? ' Shahleena Musk, the NT's Children's Commissioner and a Larrakia woman from Darwin, pointed out the structural racism present in the youth justice system. She noted that Aboriginal children are less likely to receive cautions, more likely to face charges, and more likely to be held in custody compared to their non-Aboriginal counterparts. Musk acknowledged the fear surrounding crime in communities but stressed the importance of addressing the root causes of criminal behavior to reduce reoffending rates. She argued against sending children into a justice system that is harmful and ineffective. Advocates are concerned that this new law could hinder efforts to raise the minimum age of criminal responsibility in other states and territories. Currently, only the Australian Capital Territory has raised the age above 10, while Victoria has passed legislation to do so, set to take effect next year. The Tasmanian government has also announced plans to raise the age to 14 by 2029.