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The purpose of this chapter is to explain the relevance of international human rights law to children in Australia's immigration detention centres and to provide a quick reference point on the fundamental human rights principles that have influenced the approach of this Inquiry. This chapter also explains the role of United Nations (UN) guidelines in the Inquiry's analysis of Australia's human…

Australia is responsible for ensuring that all children in its jurisdiction can enjoy all applicable human rights, including those in the Convention on the Rights of the Child (CRC), International Covenant on Civil and Political Rights (ICCPR) and Refugee Convention. That responsibility may be executed through legislation, executive action and the judicial system. Subject to the Australian…

Australian law requires the detention of all non-citizens who are in Australia without a valid visa (unlawful non-citizens). This means that immigration officials have no choice but to detain persons who arrive without a visa (unauthorised arrivals), or persons who arrive with a visa and subsequently become unlawful because their visa has expired or been cancelled (authorised arrivals)…

The United Nations High Commissioner for Refugees (UNHCR) estimates that around half of the 50 million displaced persons in the world are children. Around 10 million of these children are under the care of UNHCR. Approximately 100,000 separated children roam Western Europe.(1) During 1999 alone, more than 20,000 separated children applied for asylum in Western Europe, North America or Australia…

Recognizing that the child, for the full and harmonious development of his or her personality, should grow up in a family environment, in an atmosphere of happiness, love and understanding ... Convention on the Rights of the Child, Preamble

This chapter addresses the impact of the detention environment on the mental health of children and the measures taken to address their mental health needs. Consistent with the breadth of protection given to the welfare of children under the Convention on the Rights of the Child (CRC), the Inquiry uses the term mental health to describe the psychological well-being of children as well as…

The human right to health is not simply the right to health care. It is also a right to the underlying determinants of health, including food and nutrition, housing, access to safe drinking water and adequate sanitation, and a healthy environment.

One of the underlying goals of international and Australian laws relating to children with disabilities is to provide the highest possible level of support and assistance in the least restrictive way. Laws, policies and programs should be designed to ensure that children with disabilities have the opportunity to participate, to the maximum extent possible, in all aspects of the general community.

Just send my children to school, and let them be in freedom. They should live in a human good atmosphere, they should learn something good, and not the things they are learning here.(1)

The opportunities for children to engage in play and recreation have a critical impact on a child's experience of detention. However, the detention environment brings with it inherent difficulties in providing adequate opportunity for play and recreation.

Most children come to Australia with their parents, but some come alone, either sent by their family for their protection or because they have lost their family in a crisis.

The Convention on the Rights of the Child (CRC) requires Australia to protect children's rights to cultural identity, language and religion. The most effective way of ensuring enjoyment of these rights is to encourage and allow refugee and asylum-seeking children to participate in cultural and religious activities in the community. The Australian community is well equipped to respond to this need…

The immigration status that results in the detention of children under Australian law also affects their entitlements to various services on release from detention, after they have been recognised as refugees. As discussed in Chapter 6 on Australia's Detention Policy, most children detained in immigration detention facilities for long periods are detained because they arrive in Australia without…

In addition to the detailed findings in each of Chapters 5-16, the Inquiry has made the following major findings in relation to Australia's mandatory immigration detention system as it applied to children who arrived in Australia without a visa (unauthorised arrivals) over the period 1999-2002.

A last resort? National Inquiry into Children in Immigration Detention Back to contents Appendices Appendix 1 List of Submissions The Inquiry received a total of 346 submissions, 64 of which remain confidential. Submissions are available on the Human Rights and Equal Opportunity Commission's web site: www.humanrights.gov.au Submission State Submission No. Abbott, Kirsti WA 15 Action for…

The Inquiry held 61 public sessions (105 witnesses) and 24 confidential sessions (50 witnesses) between May 2002 and August 2002. Nine of the witnesses in confidential hearings (7 sessions) later agreed to make their evidence public.

A last resort? National Inquiry into Children in Immigration Detention Back to contents Appendix 3 Action taken by the Department Click here to view/download this document in PDF 13 May 2004

A last resort? National Inquiry into Children in Immigration Detention Back to contents Appendix 4 Action taken by ACM Click here to view/download this document in PDF 13 May 2004

Research : Vanessa Lesnie, Kate Temby, Alanna Sherry, Dr Pauline Moore, Stephen Duffield, Des Hogan, Karen O'Connell, Bassina Farbenblum, Rachel Stein-Holmes, Ian Price, Linda Gibbons

To help your school celebrate International Human Rights Day, here are some suggestions that you could consider taking to the person or group responsible for planning the occasion – or you could volunteer to be part of the group and help: