The Law Council of Australia is urging the Federal Government to address alleged human rights violations against Indigenous Australians.

Proposals affecting Aboriginal and Torres Strait Islander people include the overdue introduction of a Federal Human Rights Act, the current situation of Australia's child justice system and the overrepresentation of Indigenous incarcerated prisoners.

In its submission to the United Nations Office of the High Commissioner for Human Rights, the Law Council has warned Canberra action is urgently required.

"The Australian government must ensure equality before the law and other critical human rights protections," Law Council of Australia president, Juliana Warner, said.

"The United Nations will assess Australia's human rights compliance at its fourth cycle universal periodic review.

"This is an opportunity to reflect on Australia's track record and consider how we can do better.

"A number of human rights issues persist since the last review."

The Law Council says Indigenous people will greatly benefit from the Federal Human Rights Act as a step towards, "safeguarding individual rights" to ensure Australia meets its international obligations.

But of arguably greater concern is the intervention of Australian political parties to garner votes from 'populist' conservative policies to come into office at the expense of the nation's UN conventions.

"The crisis state of Australia's child justice system and the ongoing over-incarceration of First Nations peoples requires immediate attention," Ms Warner said.

"Australia has gone backwards when it comes to protecting children's rights through its tough on crime approaches that do not meet international human rights standards and is unsupported by medical and criminological evidence."

The approaches "disproportionately impact vulnerable children" according to Ms Warner, which indirectly impacts the future of First Nations peoples.

Amnesty International in 2022 found Indigenous children are 26 times more likely to be incarcerated than non-Indigenous children.

"We need to prioritise non-custodial prevention, early intervention and diversion measures for children so that detention is a last resort, consistent with Australia's (legal) obligations under the Convention on the Rights of the Child," Ms Warner said.

Statistics suggest incarceration rates of First Nations peoples have only got worse.

Less than four per cent of the Australian population are Aboriginal or Torres Strait Islander, yet Indigenous peoples make up a disproportionate 36 per cent of Australia's prison population.

A 1991 Federal Government report stated Aboriginal people were "grossly overrepresented in custody". More than three decades later, Indigenous incarceration rates are two and a half times that of the report's year.

Ms Warner said Aboriginal deaths in custody are of particular grave concern.

"Australia needs to implement the outstanding recommendations of the Royal Commission into Aboriginal Deaths in Custody and the Australian Law Reform Commission's Pathways to Justice report," she said.

"Under international law, it doesn't matter whether it's federal, state or territory governments that are responsible for human rights violations.

"A national response is necessary to ensure human rights for all.

"The upcoming meeting of the standing council of Attorneys-General is a crucial opportunity to address these urgent issues before Australia's appearance at the United Nations next year."

Indigenous academic, human rights advocate and lawyer, Hannah McGlade, told National Indigenous Times she is backing the Law Council's call to uphold human rights of First Nations people and to push the government to take urgent action.

"We are not upholding and protecting human rights in Australia and governments are failing to have due regard to their obligations," Dr McGlade said.

"The Universal Periodic Review process is an important opportunity for governments to reflect on various human rights issues and where we are falling short and need improvement."

An Associate Professor at Curtin School of Law who completed a Masters degree in International Human Rights Law before working for national Aboriginal bodies, ATSIC and AIATSIS, Dr McGlade said lawmakers need to introduce a Human Rights Act by way of a charter.

Successive governments have not prioritised non-custodial prevention, early intervention or any other diversion measures for under-aged offenders and, as the Law Council says, it's only been a last-resort solution.

Dr McGlade said Australia's Parliament has not gone far enough to fulfil its obligations under UN conventions.

During the former Coalition government under Prime Minister John Howard's leadership, a UN high commissioner for human rights had in 2008, and for the first-time ever by one-time Republic of Ireland President Mary Robinson, heavily criticised Australia for its poor human rights record.

It forced the UNICEF deputy director at the time to fly to Canberra to meet new Prime Minister Kevin Rudd to repair the collateral damage.

"Australian governments have passed numerous laws that are violating the convention on the elimination of race discrimination and the convention on the rights of the child," Dr McGlade said.

"These are binding international human rights conventions – and there is currently an early warning urgent action communication to the Elimination of Racial Discrimination committee arguing that the laws represent systemic race discrimination against Aboriginal children.

"Incarceration of children should be a matter of last resort only, and children should not be held criminally responsible under 14 years.

"We need to incorporate the Convention on the Rights of the Child into domestic legislation as Scotland has done and implement evidence-based responses that respect UN human rights laws."'

Dr McGlade added there have been "many recommendations" which have gone unimplemented from the Royal Commission into Aboriginal Deaths in Custody that need to be addressed.

"Incarceration should be a matter of last resort – but we know that is not happening," she said.

"Solitary confinement is dangerous and should not be allowed.

"Hanging points should be removed from prisons.

"Governments should support Aboriginal people to ensure justice reforms, and the underlying issues contributing to overrepresentation must be addressed."