Rights
The Charter articulates the philosophical framework set out in the various human rights instruments that Victoria is party to, including the Victorian Charter of Human Rights and Responsibilities - one of the founding principles of which is that “human rights have a special importance for the Aboriginal people of Victoria.”
The Victorian Charter of Human Rights and Responsibilities also provides that every child has the right to such protection as is in her or his best interests, and that families are a fundamental unit of society and are entitled to be protected by society and the State.
International human rights instruments to which Australia is a party, such as the International Covenant on Economic, Social and Cultural Rights, the United Nations Declaration on the Rights of Indigenous Peoples, the United Nations Convention on the Rights of the Child (CROC) and International Convention on the Elimination of all Forms of Racial Discrimination, affirm the rights of Aboriginal children and young people to:
- Respect for their identity as the Aboriginal people of Australia
- Maintaining connection to land, community, kinship and culture
- Freedom from discrimination
- Access to education and health services.
The Charter recognises the rights of Aboriginal children and their families to the types of culturally competent services needed to achieve better outcomes.
The rights of children and families are linked to the rights of Aboriginal people more broadly: participation of children in decision making is important and the raft of legal rights of children, and particularly young people, are not precluded. These rights are reflected in the principles which underpin the Charter and support the outcomes which Government and community wish to achieve for Aboriginal children and young people.