Charter of rights for a child in care

Children and young people in out-of-home care have particular needs that must be addressed in order to ensure their safety and improve their emotional, physical and psychological well-being.

The charter of rights under the Child Protection Act 1999 , section 74 and Schedule 1 describes the core rights that apply to every child and young person who is subject to the custody or guardianship of the Department of Child Safety, Seniors and Disability Services (the Department). Read more about the charter of rights.

The department must regularly advise a child or young person of their rights.

All children and young people have a right to participate in decision making about their own life. This is not optional.

The Child Protection Act 1999, section 5E establishes participation as a legal right for children and young people.

The legislation requires that the Act is administered in a way that ensures the views of the child and the child's family are considered and the child and the child's parents have the opportunity to take part in making decisions affecting their lives.

The Act has clear requirements for seeking and considering the views of children and young people, and includes a charter of rights for those children and young people who are in the custody or guardianship of the chief executive.

Polices and procedures, as outlined in the department's Child Safety Practice Manual, require the participation of children at key decision making points throughout the case planning cycle.

Children, young people and their human rights

The department, carers and non-government agencies (such as residentials) also have to think about the Human Rights Act 2019 when they are making decisions about children and young people. The Human Rights Act 2019 protects 23 human rights. Some of the rights that maybe be relevant to children and young people are:

• People must not be tortured. People must also not be treated or punished in a cruel, inhuman or degrading way. This includes protection from treatment that humiliates a person. This right also protects people from having medical treatment or experiments performed on them without their full and informed consent. (Section 17).
• Families are entitled to protection. Children have the same rights as adults with added protection according to their best interests. (Section 26)
• People can have different family, religious or cultural backgrounds. They can enjoy their culture, declare and practice their religion and use their languages. (Section 27)
• Aboriginal and Torres Strait Islander peoples in Queensland hold distinct cultural rights. They include the rights to practice their beliefs and teachings, use their languages, protect and develop their kinship ties, and maintain their relationship with the lands, seas and waterways. (Section 28)
• People have the right to be treated with humanity if they are accused of breaking the law and are detained. (Section 30)
• A person has a right to a fair hearing. This means the right to have criminal charges or civil proceedings decided by a competent, independent and impartial court or tribunal after a fair and public hearing. (Section 31)
• A child charged with committing a crime or who has been detained without charge must not be held with adults. They must also be brought to trial as quickly as possible and treated in a way that is appropriate for their age. Children are entitled to opportunities for education and rehabilitation in detention. (Section 33)
• Every child has the right to primary and secondary schooling. Every person has the right to have access to further vocational education, based on their ability. (Section 36).
• Everyone has the right to access health services without discrimination. This right also states that nobody can be refused emergency medical treatment. (Section 37).

The department, carers and other non-government agencies can limit a child or young person's rights in their decision making where it is reasonable and justified.

More information about human rights and when they can be limited is available on the Queensland Human Rights Commission website.