The Government's Duty of Care to Provide Adequate Health Care to Immigration Detainees
Journal of Law and Medicine, Vol. 13, No. 3, pp. 281-284, 2006
Monash University Faculty of Law Legal Studies Research Paper No. 2006/38
5 Pages Posted: 18 Dec 2007 Last revised: 15 Apr 2009
Abstract
The right to the enjoyment of the highest attainable standard of physical and mental health is recognised in Art 12 of the International Covenant on Economic, Social and Cultural Rights. Farmer and Gastineau Campos have posed the provocative question: If access to health care is considered a human right, who is considered 'human enough' to have that right? The Palmer Inquiry into the detention of Cornelia Rau and the Commonwealth Ombudsman's Report into the wrongful deportation of Australian citizen, Vivian Alvarez, have highlighted some of the issues relating to the right to adequate health care of those considered to be unlawful noncitizens under the Migration Act 1958 (Cth). This article focuses on the legal issues relating to the government's duty of care to provide the highest attainable standard of physical and mental health to immigration detainees.
Keywords: duty of care,adequate health care, immigration detainees, wrongful deportation, Australian citizens
JEL Classification: K30, K40
Suggested Citation: Suggested Citation