“Human rights are rights inherent to all human beings, whatever our nationality, place of residence, sex, national or ethnic origin, colour, religion, language, or any other status. We are all equally entitled to our human rights without discrimination.”
Countries are expected to uphold and protect these human rights for every human that enters their boarders. But this does not always happen. Sometime countries breach the human rights of a person or a group of persons.
The purpose of this presentation is to address the legal issues of human rights as it relates to asylum seekers entering Australia and establish if the Australian Government’s treatment of Asylum seekers is a violation of their human rights. This will be established though examination of international treaties signed by Australia, application of legal concepts and analysing of stakeholders perspectives to make a decisive decision on the appropriate legal outcomes and their implications. For this presentation I will be focusing my attention on the human rights of children asylum seekers and how the Australian Government is treating them.
For over two decades Australia had been implementing and adopting polices aimed at deterring asylum seekers from entering Australian shores. In 1992 amendments were made to the Migration Act 1958 (Cth) to accommodate for the Australian Government’s newly enforced Mandatory Immigration Detention System that required certain ‘designated persons’ to be detained with a limit of 273 days in immigration detention. This amendment was expanded in 1994 to apply to all non-citizens in Australia, as well as the 273 day limit being removed. Since the beginning of mandatory detention centres the govern...
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...r people smugglers or asylum seekers. The detention of children is not necessary nor is it a means of achieving an aim therefore Australia is in breach of these articles.
Article 39 explains the responsibility of the state parties to take all appropriate measures to promote physical and psychological recovery and social reintegration of child victims. Such recovery and reintegration will take place in an environment which fosters the health, self-respect and dignity of a child. Unaccompanied children require higher levels of support because they are not accompanied with a parent in detentions centres. Detention centres are not a suitable place for unaccompanied children to be able to recover from any past trauma. The Australian Government breach this right by failing to remove unaccompanied children from detention centres that enable the recovery of past trauma.
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