This paper explores the intersection of the United Nations Convention on the Rights of the Child (1989), the Human Rights Act 2019 (Qld), the Youth Justice Act 1992 (Qld) and the human services practice area of youth justice in Queensland. 

The paper examines the influence of the Convention on the Rights of the Child, specifically the fundamental of the best interests of the child being paramount, using detention for children involved with the justice system as a last resort, and the application of an acceptable minimum age of criminality for children on youth justice law, policy and practice, and the role of social workers in Queensland.

Key findings

• Accessing justice and upholding human rights for children in the Queensland youth justice system is complex, nuanced and immature.
• While the international instrument of the Convention on the Rights of the Child has been translated into domestic law in Queensland, government policy Queensland Police Service practice and departmental systems are largely driven by moral panic in the community around youth crime as opposed to taking a child-centred approach to holding the wellbeing and best interests of children as paramount.
• This is manifesting in direct and systemic contravention of the human rights of children involved with the youth justice system in Queensland.
• The role of the social worker is to continue to centre the voice of the child and advocate for individual, collective and systemic change where there are contraventions to children’s human rights.