The mandatory detention of refugees and asylum seekers is an extremely controversial issues in Australian society with 2,437 refugees and asylum seekers in immigration and community detention facilities in Australia and 1,469 in offshore detention centres on Nauru and Manus Island as of November 2015 (Allotey, Pickles and Johnston 2007; Wilsher 2012; Australian Human Rights Commission 2014). The extreme controversy is in relations to the human rights of the refugees and asylum seekers in detention centres and whether Australia is providing appropriate care under their international obligations. It is evident from the reviewed literature that Australia’s current policies are not complying with their international obligations leading to the breach of multiple treaties and conventions. This literature review will analyse and discuss the 3 themes most prominent in the literature. These themes are, Australia’s health care obligations to asylum seekers and refugees whilst in detention, the mandatory detention children and the overly harsh and inhuman treatment in offshore processing centres. Furthermore, this literature review will argue its relevance to the role of a United Nations Representative researcher relating to scenario ten.
Theme #2- Rights of Child Asylum Seekers- Mandatory Detention of Children (400-430)
One of the key areas beneficial to the role of a United Nations Representative in relations to refugees in detention is understanding Australia’s current stance on children in mandatory detention, and how Australian law is inconsistent with their international obligations. The Australian Government continually justifies the detention of asylum seekers and refugees as necessary in deterring fu...
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...umerous human rights under the CRC (AHRC 2014). It’s explained that the reason Australia is not prosecuted for these breaches is because although Australia is a signatory of multiple international conventions and treaties, they are not enacted in Australia’s domestic law and thus cannot be prosecuted for their offences (Wilsher, Daniel. 2012).
The reviewed literature is exceedingly relevant to the role of a United Nations Representative in scenario ten as it identifies where Australia’s current laws and policies regarding children are inconsistent with their international obligations under the Convention on the Rights of the Child. Furthermore, it explains how Australia is able to breach their international obligations by simply not enacting the international law to their domestic laws. As well as pinpoints what needs to be improved to manage this growing situation.
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