This submission considers the human rights implications of creating these two offences. This includes discussion of the Charter rights engaged, and potentially limited by, the proposal. The submission examines the experiences of other jurisdictions where these laws operate and identifies a series of unintended consequences that may flow from the enactment of failure to protect laws. Including where these may have a discriminatory effect and/or are contrary to existing government policy.
Finally, we make recommendations to deliver a more rights-consistent approach to the policy aim of parental responsibility to protect children.