Dr. Karen McAuley:

If I may make a number of brief observations on foot of Deputy Costello's references to the guiding principles, we mentioned earlier that we broadly welcome the principles. Without getting into the weeds of amendments, we would like to see just two brief points.

First, we agree with the idea that independent advocacy for children should be provided for under the guiding principles. However, to raise another matter - and it goes back to the issue of unaccompanied minors not being visible in the general scheme and no particular provision being made for them - there are four general principles of the Convention on the Rights of the Child. The best interests of the child and respect for the views of the child are two of those principles. We made our initial submission to the Department in 2018. Subsequently, we asked it to consider all four general principles under the convention, including the principle of non-discrimination. We would like consideration to be given to the inclusion of that principle. We understand that no attention has been given to that to date.

This ties in with the concept of equity of care. As everybody here knows, the right to non-discrimination is not the right to be treated the same as everybody else. It allows that, while we are all different, children in certain circumstances require special measures. The idea of equity of care, treating unaccompanied minors under that principle, the same thresholds being used, etc., for us, is not aligned with the principle of non-discrimination. The whole point is that certain children, including unaccompanied minors, have special vulnerabilities and are in different circumstances so they cannot be treated the same within a framework. They have to be looked at differently. That is the consideration we want given in the general scheme around this.