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20 Protecting us all: 2012 report on the operation of the Charter of Human Rights and Responsibilities
Independent authorities provide important
oversight of government action. The Commission
for Children and Young People (formerly the
Office of the Child Safety Commissioner)
reported that, in early 2012, funding was
provided for the creation of an Independent
Visitor Program at the Parkville Youth Justice
Precinct. The program supports the protection
of the rights of children and young people in
custody and information about the Charter is
included in the training provided to independent
visitors. During their monthly visits, the
independent visitors talk to young people about
their experience in custody and any issues
of concern. The independent visitors then
seek to assist the young person to resolve any
issues with the staff and management of the
centre. The Commission for Children and Young
People monitors the way in which concerns are
addressed.
The Commission for Children and Young People
observes that funding for the project (including
support for the project's expansion), and the
positive engagement of staff in the project,
"reflects well on their commitment to protecting
and promoting the rights of a vulnerable group
of children and young people". However, it also
notes that:
... the creation of the program alone does
not guarantee that the rights of children in
custodial settings will be fully protected ...
We have been made aware of cases where
children have been held in adult prisons
and young children have been held at youth
justice centres. While such cases are rare,
the fact that they occur at all raises significant
questions about the extent to which the prison
and legal systems are protecting the rights of
children.
Individuals and their advocates may bring human
rights complaints to other independent complaint
bodies in Victoria.
The Disability Services Commissioner reviews
all complaints made to it by members of the
public about disability services and considers if
the complaint raises human rights issues. Of the
complaints received in 2012, the most commonly
raised human rights issue was the right to
protection from torture and cruel, inhuman or
degrading treatment. This right is relevant when
it is alleged that a person with a disability has
been neglected, abused or assaulted. Other
common rights issues raised included freedom
of movement, freedom of expression and the
protection of families.
In 2012, the Health Services Commissioner
identified that 625 complaints ­ or 40 per cent
of all complaints received ­ related to rights
recognised by the Charter. The most commonly
raised human right in complaints was the right
to life (section 9) which is relevant to complaints
about medical treatment, followed by recognition
and equality before the law (section 8), which
is relevant to complaints about access to health
services.
These oversight mechanisms can support the
effective protection of Charter rights,