Australia's First Nations children deserve a future where their wellbeing, rights, and dignity are protected. Aboriginal and Torres Strait Islander Social Justice Commissioner Katie Kiss highlighted this need on International Human Rights Day.

"Today on Human Rights Day, I reflect on what a devastating year this has been for our First Nations kids," she said.

"Their human rights have been ignored for political gain in the Northern Territory and Queensland, there have been more deaths in custody, reports of maltreatment, and sky-high rates of out of home care."

This year's theme for International Human Rights Day, Our Rights, Our Future, Right Now, emphasises the role of human rights in addressing challenges globally.

"Our governments should be working to find positive solutions and investing in education, health and community-led services for First Nations children, not focussing on punitive policies and laws that breach their human rights," Ms Kiss said.

The Commissioner noted recent incidents in custody and the child protection system highlighting the failure of current approaches.

"Kids need care, love and support so they can shake off generational disadvantage, have hope for their futures and feel they are valued and belong," she said.

Ms Kiss expressed concern about the Making Queensland Safer Bill 2024, which is expected to pass this week in Queensland Parliament.

"It's tragic that in the week of Human Rights Day the Making Queensland Safer Bill 2024 is likely to be passed by the Queensland Parliament," she said.

"This piece of legislation is deeply problematic and incompatible with human rights; it will be harmful to First Nations children, could see children as young as 10 years old being jailed for life and it will not make the community safer."

First Nations children make up around 62 per cent of Queensland's youth detention population.

The Queensland government has acknowledged that the proposed legislation is likely to disproportionately impact First Nations children further.

Ms Kiss criticised the decision by the Northern Territory government in October to lower the age of criminal responsibility to 10 years, stating it ignores evidence showing that incarcerating children does not reduce youth crime or improve community safety.

Earlier this year, the National Children's Commissioner released Help Way Earlier, a report containing 24 recommendations to reform the child justice system and enhance safety and wellbeing.

The report called for child justice and wellbeing to be made a federal priority.

Ms Kiss urged all Australian governments to uphold international human rights standards for children.

"Governments have a duty to deliver programs, policies and legislation that are underpinned by universal human rights. These standards are a safety net for Australia's First Nations children," she said.

"Ratifying international treaties creates a binding obligation, and Australians expect that our governments follow through on the promises they have made to the world and incorporate human rights standards into our domestic laws."

Ms Kiss also acknowledged the efforts of Indigenous advocates working tirelessly for the rights of First Nations children.

International Human Rights Day commemorates the 76th anniversary of the Universal Declaration of Human Rights.