BEATTIE'S CHILD LAWS SHAMEFUL

FOR IMMEDIATE RELEASE - November 12, 2002
CONTACT: Peter Carter 0414 783 542
pcarter@civiljusticefoundation.com.au

"The removal of consumer protection laws that would see legal decisions (or lack of them) made by parents having binding permanent effect on the lives of children is discriminatory and contrary to the United Nations convention on the rights of children," the Civil Justice Foundation said today.

The UN convention recognises that the civil rights of children are separate to those of their parents and that because of their vulnerability, children must be given special legal protection. Article 3 requires that the best interests of children must be the primary consideration in the making of laws concerning them.

"Yet, as a response to the insurance crisis the Queensland Premier today defended his governments plans to remove laws that currently provide this protection," said Peter Carter, a director of the Foundation. "No one could possibly argue that the removal of this protection is in any child's best interest".

Under Mr Beattie's proposals, businesses and people who maim kids through recklessness will escape all liability unless the child decides on legal action within three years of the injury. Protections currently in place allow children to reach adulthood before they are required to make legal decisions.

"Kids have no appreciation of legal issues and their parents might be too busy, ill-informed or even too embarrassed to take proper legal measures for them. Some parents are even irresponsible."

"Taking away the current laws means there will be countless cases of children having to live with the injury and the lifelong consequences of their parents' inaction," Mr Carter warned.

Insurers also want parents to be able to sign away childrens' consumer protection rights in waivers.

"This will absolve those people to whom we entrust our children from any duty to take reasonable care and allow their insurer to deny responsibility for tragedies that are the very purpose of the insurance policy in the first place."

"Not only do the proposals discriminate against children, they make no economic sense as insurers will still be collecting huge premiums."

"Insurers continue to pressure for more laws to make themselves virtually claim-proof at the expense of the consumer but their targeting of children is particularly offensive."

The convention was adopted by the United Nations in 1989 and has been ratified by Australia. The convention is binding and Australia is accountable to the international community for the laws it makes that take away children's rights. It can be located at http://www.unicef.org/crc/crc.htm