Hyperincarceration and human rights abuses of First Nations children in juvenile detention in Queensland and the Northern Territory

Abstract

ABSTRACT Hyperincarceration of First Nations peoples (both children in juvenile detention and adults in prisons) is a feature common to British settler colonial states. This article focuses on hyperincarceration of one population sub-group in one settler colonial state: children in Australian juvenile detention facilities. The treatment of First Nations children in Australian juvenile detention violates a number of Treaty obligations to which Australia has voluntarily committed. The article will focus on the treatment in two Australian jurisdictions – the Northern Territory and Queensland – where there have been high-profile instances of mistreatment that have garnered international and national attention and criticism. The treatment in these jurisdictions demonstrates the inconsistency between the international human rights law requirements and current legislation and policy. It argues that mistreatment that violates human rights law is directly contributed to by the hyperincarceration of First Nations children in juvenile detention, which is on a worsening trajectory.