Legal submissions to Inquiry now available
Further submissions for the National Inquiry into Children in Immigration Detention are now available. These submissions were made by individual lawyers and by bodies representing lawyers and the judiciary as well as organisations and individuals whose submissions dealt mainly with legal issues raised by the Inquiry.
Among other things, the submissions address:
- whether or not the detention of children breaches the Convention on the Rights of the Child and other international treaties, as well as domestic laws on guardianship and juvenile detention;
- comparison of Australia's system of detention of child asylum seekers to policies in other countries eg Sweden, United Kingdom, Canada and the United States (some detail specific alternatives adopted by other countries)
- temporary protection visa scheme
- unaccompanied minors
- alternatives to detention
- access to legal advice
- deprivation of liberty
- guardianship
- relationship between detention centre operators and State child welfare agencies.
The following submissions
are now available:
- UNICEF Australia
- Commonwealth Ombudsman
- Law Council of Australia
- National Legal Aid
- The Castan Centre for Human Rights Law, Monash University
- The International Commission of Jurists, Australian Section
- International Commission of Jurists WA Chapter and Women Lawyers Inc WA
- Australian Human Rights Centre
- Australian Lawyers for Human Rights
- Dr John Tobin, (University of Melbourne, Faculty of Law) - released prior to the Inquiry hearings in Melbourne
- Julian Burnside QC (and the KIDS submissions) - released prior to the Inquiry hearings in Melbourne
- The Law Institute of Victoria (endorses KIDS submission)
- Victorian Bar Council (endorses KIDS submission)
- The National Children's and Youth Law Centre
- The NSW Council for Civil Liberties
- Tasmanian Commissioner for Children
- Australian Catholic University
- Mr Krishna Rajendra
- Ms Anais D'Arville
- The Law Society of NSW
Copies of the submissions will be available at: http://www.humanrights.gov.au/human_rights/children_detention/submissions/index.html#legal
Terms of reference for the Inquiry are available at: http://www.humanrights.gov.au/human_rights/children_detention/terms.html
Background Papers outlining international standards as they relate to children in immigration detention, particularly the Convention on the Rights of the Child and Guidelines of the United Nations High Commissioner for Refugees on refugee and asylum seeking children are available at http://www.humanrights.gov.au/human_rights/children_detention/background.html
They include discussion of children's rights in relation to culture and identity, mental health and development, health and nutrition, prevention, treatment and accommodation of disabilities; education, legal status, deprivation of liberty and humane detention.
For other information about the Inquiry, see: http://www.humanrights.gov.au/human_rights/children_detention/index.html
Upcoming public hearings:
The next public hearings for the Inquiry are as follows:
Adelaide - July 1 & 2
Sydney - July 15 & 16
Sydney - August 15 & 16 (DIMIA and ACM response)
Media contacts: Janine
MacDonald (02) 9284 9880 or 0408 469 347
James Deefholts (02) 9284 9880
