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

See all articles by Bernadette M. McSherry

Bernadette M. McSherry

Melbourne Social Equity Institute; Melbourne Law School

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

McSherry, Bernadette M., 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, Available at SSRN: https://ssrn.com/abstract=1075982

Bernadette M. McSherry (Contact Author)

Melbourne Social Equity Institute ( email )

Parkville, Victoria 3010
Australia

Melbourne Law School ( email )

University Square
185 Pelham Street, Carlton
Victoria, Victoria 3010
Australia

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