Imagine you are a child who is just 10 years old and you have been incarcerated in Australia.

Some people would be thinking 'how is this possible?' but the reality in Australia is that in almost every state a child as young as 10 can be held responsible for committing a criminal offence.

Currently, First Nations children are significantly over-represented in youth detention and the youth justice system more broadly. First Nations children are more likely to become part of the child protection system, and experience abuse or negligence than non-Indigenous children, which increases the likelihood of coming into contact with the justice system.

This unfortunately means many children instead of getting an education are incarcerated without the ability to rehabilitate in an age-appropriate environment, which encourages re-offending by children who need the help and the support of the community to flourish.

We as a society have the obligation to promote the dignity and self worth of children, while upholding their human rights under the Convention of the Rights of a Child and the International Convention on Civil and Political Rights.

This means we have the obligation to be role models and to assist children in rehabilitation who need support rather than a punitive approach.

Many of these children have either a disability, have experienced family violence and abuse, or have been part of the child protection system - or a combination of those factors.

Every child has the right to an education and it is our obligation to make this available; but how can a child get the best education possible if they are in an (almost always) under-staffed youth detention centre? How can that education be properly tailored towards their personal, mental and physical development if they are incarcerated? How can this prepare a child for life as an adult?

Australian governments across the country are clearly breaching our obligations under the Convention of the Rights of a Child as well as the International Convention on Civil and Political Rights.

In the child protection system, many children - especially Indigenous children - get separated from their families; which makes them more vulnerable to offending and re-offending.

We need to help these children with their trauma and other challenges, but current approaches punish them rather than rehabilitate them.

We are clearly failing children in this country, however it is some relief to see Victoria and the ACT are following from the Northern Territory in raising the minimum age of criminal responsibility.

International best standards indicated 14 is a suitable age. Those jurisdictions embracing the reform have moved the age to 12, with longer-term plans to shift the age to 14.

This is such an important step for every child in this country. We must give these children a future. Every person has the right to a life full of purpose and we must give these children the best opportunity to fulfill this right.

No 10 year-old child deserves to be incarcerated and we as a society must do better.

Christina Cushen is an emerging neurodiverse autistic business and legal professional with a passion for social justice and human rights.

She is currently a Young Expert at the Girls Human Rights Hub. Previously, she has worked in various roles across law and international affairs, including the Disability Discrimination Legal Service and the United Nations Association of Australia.