Asylum Seeker Children in Nauru: Australia's International Human Rights Obligations and Operational Realities

被引:3
|
作者
Dechent, Susanna [1 ]
Tania, Sharmin [1 ]
Mapulanga-Hulston, Jackie [1 ]
机构
[1] Curtin Univ, Curtin Law Sch, Perth, WA, Australia
关键词
PROFESSIONALS;
D O I
10.1093/ijrl/eez021
中图分类号
D9 [法律]; DF [法律];
学科分类号
0301 ;
摘要
This article examines if Australia's policy and law regarding asylum seeker and refugee children in Nauru are consistent with its international legal obligations under the terms of the Convention on the Rights of the Child (CRC). Under article 3 of the CRC, Australia is required to consider the best interests of each child within its jurisdiction. It is also bound by the CRC prohibition on arbitrary detention and obligations derived from Convention rights relating to health, education, and family matters. To assess Australia's law and policy, the article draws on the findings of recent inquiries and reports that examine how detention and conditions at the processing centre and in the community in Nauru have impacted on the mental and physical well-being of children. The article highlights gaps in the implementation of Convention rights and draws together the findings and recommendations made in recent reports to assist in the development of suitable solutions. It concludes that Australia's treatment of asylum seeker and refugee children violates key obligations under the CRC and that, accordingly, Australia should remove these children from Nauru and settle them in Australia.
引用
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页码:83 / 131
页数:49
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