international pressures

Question 1

what are international pressures

Answer 1

refers to demands made on parliaments to persuade them to make or not make laws to address matters of international concern
- the UN
- other countries
- international activists

Question 2

the age of criminal resposibility

Answer 2

the age at which a child is deemed capable of forming the intention to commit an offence under criminal law and can therefore be found guilty
- in victoria it is 10
- doli incapax exists between 10-14

australia faced international pressure at the UPR in 2021, with 31 countries recommending that australia raise the age of criminal responsibility to 14 - its now 2025 and nothing has been done

Question 3

reasons behind pressure

Answer 3

• the low age results in an overrepresentation of first nations people in detention - 17 times higher
• many young people come from disadvantaged backgrounds and have special and complex needs that may be better addressed outside the criminal justice system
• young people have difficulty engaging with the criminal justice system which could result in additional problems of trauma. it could also expose them to negative influences in prison

Question 4

pressure not to change

Answer 4

not everyone supports the change
- the WA office of the public prosecutions submitted that the age should remain at 10
- it notes that children aged 10-14 are rarely charged with minor crimes unless they commit them regularly, therefore only serious offenders end up in the court process
- the report also noted that south aus police were not supportive
- they noted that young poeple can benefit from departmental supervision and changing the age could send the wrong message to young people

Question 5

current responses

Answer 5

in nov 2022, the NT government passed a bill to raise the minimum age of criminal responsibility to 12
the ACT government has indicated that it will introduce legislation in 2023 that will gradually increase the age to 14 by 2027
in april 2022, the vic attorney-general announced that by the end of 2024, children aged 10-11 will not be held criminally responsible for their actions in victoria
the government will also announce that it would raise the age of criminal responsibility to 14 by 2023
- there would be exclusions for children who are accused of more serious crimes

Question 6

strengths of the ability to make law

Answer 6

• if australia is found to be in breach of the obligations wihtin international treaties to which it is a signatory and has ratified, australia will likely face criticism from other countires, and potentially other consequences, for failing to comply with the obligations, such as failing to uphold fundamental human rights set out in international treaties. this may influence parliament to change the law to avoid further criticism
• whilst international declarations are not legally binding, parliament may face criticism for failing to uphold the principles set out in declarations, such as the Universal Declaration of Human Rights

Question 7

limitations of the ability to make law

Answer 7

• there are limited mechanisms by which UN member states and international organisations can enforce ompliance with international law
• pressures from international organisations may lmiit the ability of parliaments to make laws that are tailored to the unique needs and circumstances of a populations
• international declarations are not legally binding, meaning parliament will not face legal consequence for failing to uphold the principles set out in a declaration