Ahead of the 2026 UN Review, the Law Council of Australia has issued a stark warning, urging the Australian government to take urgent action to address ongoing human rights violations.
The Law Council of Australia has called for urgent reforms to address ongoing human rights violations in the country, ahead of the United Nations’ Fourth Cycle Universal Periodic Review (UPR) of Australia’s human rights record next year.
Juliana Warner, the president of the Law Council, described the upcoming review as a crucial opportunity to “reflect on Australia’s track record and consider how we can do better”, emphasising that “a number of human rights issues persist since the last review”.
In a submission to the United Nations Office of the High Commissioner for Human Rights earlier this month, the Law Council outlined critical concerns requiring immediate attention.
Among the most pressing issues, it highlighted the absence of a federal human rights act as a key human rights and rule of law challenge facing Australia.
Warner emphasised the need for Australia to adopt a Federal Human Rights Act, explaining that such legislation would establish a national framework to safeguard individual rights and support Australia in meeting its international human rights obligations.
“The introduction of a Federal Human Rights Act is long overdue and would represent a significant step forward in protecting individual freedoms across the nation,” Warner said.
Another alarming issue highlighted in the Law Council’s submission is the deteriorating state of Australia’s child justice system, with warnings that the country has regressed in upholding children’s rights.
“The crisis state of Australia’s child justice system and the ongoing over-incarceration of First Nations peoples also require immediate attention,” Warner said.
“Australia has gone backwards when it comes to protecting children’s rights through ‘tough on crime’ approaches that do not meet international human rights standards and are unsupported by medical and criminological evidence. Those approaches disproportionately impact vulnerable children, including First Nations children and children with disabilities.”
To address this pressing issue, Warner emphasised the Law Council’s call for prioritising “non-custodial prevention, early intervention and diversion measures for children so that detention is a last resort, consistent with Australia’s obligations under the Convention on the Rights of the Child”.
The Law Council’s submission also urgently highlights the ongoing over-incarceration of First Nations Australians, with Warner calling on the Australian government to implement key recommendations from recent royal commissions.
“Incarceration rates of First Nations peoples are also getting worse. Less than 4 per cent of the Australian population are First Nations peoples, yet they make up 36 per cent of our prison population, and First Nations deaths in custody remain of grave concern,” Warner said.
“Australia needs to implement the outstanding recommendations of the Royal Commission into Aboriginal Deaths in Custody and the Australian Law Reform Commission’s Pathways to Justice report.”
Warner stressed: “Under international law, it doesn’t matter whether it’s federal, state, or territory governments that are responsible for human rights violations. A national response is necessary to ensure human rights for all.”
