Detention of Children Seeking Asylum in Australia

Running Head: DETENTION OF CHILDREN SEEKING ASYLUM IN AUSTRALIA
CASE ANALYSIS OF MANDATORY DETENTION OF CHILDREN SEEKING
ASYLUM IN AUSTRALIA

DETENTION OF CHILDREN SEEKING ASYLUM IN AUSTRALIA
Introduction and Background
The United Nations High Commissioner for Refugees (UNHCR) states that 25 million
children currently have been uprooted from their homes worldwide (Zion, Briskman & Loff,
2010). There is mandatory detention for the asylum seekers, who arrive unauthorized in
Australia. This includes adults as well as children, who seek asylum while the processing by the
Department of Immigration and Multicultural and Indigenous Affairs (DIMIA) takes place. The
detention of children in these asylums has raised a considerable amount of debate and criticism.
The number of children detained in Australia fluctuates with the asylum seeking
population. While most children are accompanied by adults, only a handful of children detainees
are unaccompanied. The DIMIA Women and Children in Immigration Detention webpage
provides that there is a decreasing number of children in immigration detention facilities in
recent times due to decrease in authorized sea and air arrivals in Australia, increase in number of
persons being released from immigration detention and minors who have turned adults in
detention centers (Martinez et al, 2015). In the mandatory detention of children, they are often
faced with abuse, trauma, unhealthy conditions, self-harm, and no parental support. There are a
number of international and local frameworks that aim at child protection and prevention of these
issues. In the current scope of discussion the historical advancement in the current Australian and
international human rights regimes, with evaluation of the legislative frameworks, institutional,
procedural mechanisms present for enforcement of human rights and such right’s impact on
social work for the purpose of advocating of social justice and human rights has been analyzed.
Historical development of current Australian and international human rights regimes
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DETENTION OF CHILDREN SEEKING ASYLUM IN AUSTRALIA
In 1948, Australia has adopted within its country the international human rights law of
the United Nations (UN) that includes the Universal Declaration on Human Rights (Newman,
Proctor & Dudley, 2013). Though Australia has had an active role in development of the
Universal Declaration and also while setting up of in the international human rights treaties, its
obligations under international law have been repeatedly criticized. The Australian Government
needs to publicly report to the UN regarding the steps taken in the implementation of
international treaties, referred to as the Shadow Report. Australia has adopted a human rights
framework much after the developed countries have. The concern for human rights treaties and
framework in Australia has been felt much later. It was only when representation and
recommendations from small organizations were felt that Australia took part in the UN
Declaration.
Australia currently is a party to seven major human right treaties, in which the
Convention of the Rights of the Child was also adopted. There are present currently a range of
laws that enable Australia in its implementation of human rights obligations. It has implemented
the Australian Human rights Commission Act 1986 in order to restate the obligations
Commonwealth authorities possess under the human rights instruments (Newman, 2013).
Recently a new Australian Human Rights Framework has also been introduced. All these treaties
and obligations have been introduced with the need felt for a governing law which could
preserve the rights of children as well as others. The international framework for protecting the
child refugee has been ratified by most countries, including Australia on December 17, 1990.
Australia has adopted such rights to provide protection, recreation, education, medical care and
humanitarian consideration under this ratification.
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