Page 2687 - Week 12 - Thursday, 16 November 1989
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In relation to article 15, the Family Association document says that these rights make it difficult for parents to resist associations by their children with persons whom parents find objectionable, especially since children are now taught their rights in schools - I am pleased that they are taught those rights in schools - for example, the new right of freedom of association may make it difficult for parents to resist a young teenager forming inappropriate and possible harmful associations. The UNICEF document describes the article in the following terms: the child has the right of freedom of association, subject to restrictions necessary to protect public safety, order, health or morals or the rights of others. Again, Mr Speaker, the UNICEF document gets my vote.
Mr Speaker, I will not go on for too much longer. I think much has been said about the issue, but the rights of the child, of course, are very important in the world today. We know in this country that the occurrence of incest is in outrageous proportions and, in my view, a proper set of articles and proper action by governments will make it more difficult for that sort of unlawful and dreadful behaviour to take place.
Another thing that the Family Association document talks about is that the rights of children in Australia are already protected by State legislation and by common law, and an intrusion into this area by Federal Government legislation based on the UN convention on the rights of the child would be completely unwarranted. Well, Mr Speaker, if State laws or territorial laws do not protect the rights of the child, then the Federal laws should be able to intervene. It is a most appropriate course, and I think that for the Family Association to take that line in relation to the convention is utterly outrageous.
Mr Speaker, adoption by the UN merely marks the preliminary step to voluntary acceptance by governments. The convention cannot affect Australia's legal position until it is ratified by Australia and included in domestic law. I think the motion by Mr Stevenson fails to recognise that, and to that extent at least is extremely misleading.
Many of the matters dealt with in the draft convention concern areas traditionally dealt with by the States and territories. Therefore, the Government has begun preliminary consultations with the State and territory governments with a view to establishing whether Australian laws and practices are consistent with the expected requirements of the convention. A decision on ratification can only be taken after the terms of the convention are settled, the convention is adopted by the General Assembly, and the necessary consultations with the States and territories have been undertaken.
Mr Speaker, one of the reports in the ACT in recent times which has been applauded by all is the Burdekin report on homelessness in the ACT. The thrust of Burdekin's approach
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