Why you should empower your children to know their human rights

Oct 2, 2025

In this enlightening discussion, Paula Gerber, a lecturer at Monash University Law School and a passionate human rights lawyer, shares her journey from childhood visits to courts with her father to advocating for children's legal protections. They delve into the precarious situation of children's rights in Australia, the impact of political leadership on child policy, and the critical need for a cultural shift in respecting children's voices. Paula highlights the importance of addressing the root causes of issues like juvenile justice and advocates for empowering children to know their rights.

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INSIGHT

Ratification Without Incorporation

Australia ratified the UN Convention on the Rights of the Child in 1990 but never incorporated it into domestic law.
This leaves children's rights fragmented and uneven across states and territories.

ADVICE

Align Law With Child Development

When reforming children's laws, align statutes with evidence-based developmental science about capacity.
Raise the age of criminal responsibility to reflect neurological maturity and global standards.

INSIGHT

Child Rights Vary By Politics

Children's legal protections vary greatly between Australian jurisdictions and shift with political power.
Queensland and Northern Territory have regressive moves like lowering the age of criminal responsibility to 10.

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Lawyer Paula Gerber on the human rights of the most endangered group of people in any community - its children. They are open to the most predatory forms of exploitation simply because they don't have the worldliness of adults, and must rely on trust and goodwill.

When Paula Gerber was growing up in suburban Brisbane, she didn’t spend her weekends at the pool or playing cricket with her dad.

Quality time with her father meant visiting his clients with him in the local jail or mental institution.

Her dad was a criminal lawyer, and Paula tagged along to many of his meetings watching him empathise with people, coming up with defences that worked, sometimes because his client were innocent, and sometimes because he knew the law like the back of his hand, and could do some creative arguing around technicalities.

Paula wanted nothing else but to follow in the footsteps of her father.

She began her career in construction law, but after a motorbike accident, she needed a change, and turned her thoughts to how to help more people with her law degree.

Paula began to specialise in human rights, specifically the rights of children.

Sex, Gender & Identity: Trans Rights in Australia is published by Monash University Publishing.

This episode of Conversations was produced by Meggie Morris. Executive Producer is Nicola Harrison.

It explores childhood trauma, abuse, child protection services, juvenile justice, the age of criminal responsibility, the queer community, growing up gay, lesbians, construction law, Multiplex, property development, women in male dominated fields, writing, books, the law, the legal system, courts, barrister, criminal law, the UN Convention on the Rights of Children, human rights abuses, discrimination, parenting.

To binge even more great episodes of the Conversations podcast with Richard Fidler and Sarah Kanowski go the ABC listen app (Australia) or wherever you get your podcasts. There you’ll find hundreds of the best thought-provoking interviews with authors, writers, artists, politicians, psychologists, musicians, and celebrities.