By Susma Giri
The United Nations Human Rights Council undertook the fourth Universal Periodic Review (UPR) of Australia in January 2026, as part of its ongoing evaluation of member states’ compliance with international human rights obligations. The review highlighted concerns with Australia’s human rights performance in a number of areas, in particular child justice and the age of 10 years being set as the age of criminal responsibility in most states and territories
The review drew attention that the age of criminal responsibility in Australia is at odds with international standards. The review also criticised Australia for not progressing with a national Human Rights Act, and for continuing issues relating to racism, gender equality, and Indigenous justice.
More than 120 countries participated in the review, making over 350 recommendations to Australia. Additional submissions were made by the Australian Government, the United Nations, and stakeholders including reports the Australian Human Rights Commission, the Law Council of Australia, and various non-governmental organisations.
Among the issues raised, the central concern was Australia’s minimum age of criminal responsibility. Forty countries supported recommendations calling on Australia to raise the age to at least 14. Both participating states and the UN Committee Against Torture highlighted the overrepresentation of Indigenous children in youth detention and the disproportionate impact of youth justice laws on Aboriginal and Torres Strait Islander children.
Another key focus of the review was the need to adopt a national Human Rights Act to strengthen the protection of human rights and ensure greater compliance with international human rights standards.
In its submission to the Fourth Cycle Universal Periodic Review, the Law Council highlighted that Australia has not yet fully incorporated into domestic law the rights contained in the seven core international human rights treaties to which Australia is a party, and recommended the enactment of a federal Human Rights Act as an important step toward improving human rights protection nationwide.
The Law Council also recommended that the minimum age of criminal responsibility be raised to at least 14 years for all offences, without exception, and called for a review of the necessity and proportionality of mandatory sentencing laws with a view to repealing provisions that impose mandatory minimum terms of imprisonment.
The Law Council also urged the Government to provide a comprehensive response to the 39 recommendations made in the Independent Review of the National Legal Assistance Partnership and to allocate significant additional funding to legal services under the National Access to Justice Partnership. This funding, it argued, should expand current means testing arrangements and increase grants of legal aid, particularly in areas where there is substantial unmet need.
