The 'Best Interests' of Asylum-Seeker Children: Who’s Guarding the Guardian?

Alternative Law Journal, Vol. 38, No. 4, pp 224-228, 2013

Monash University Faculty of Law Legal Studies Research Paper No. 2013/37

5 Pages Posted: 8 Jan 2014 Last revised: 31 Jan 2014

Date Written: December 15, 2013

Abstract

Unaccompanied asylum-seeker children are regarded as particularly vulnerable individuals. Given that they lack the protection of both their home State and their parents, such children are at special risk of being exposed to harm. In recognition of this vulnerability, a number of UN bodies and other international non­governmental organisations have recognised that these children require special procedural safeguards, including the appointment of an independent guardian. This paper analyses the current law in Australia on guardianship of unaccompanied minors and suggests avenues for reform in this area.

Keywords: refugee, children, unaccompanied minor, asylum, Australia, guardian

JEL Classification: K33

Suggested Citation

O'Sullivan, Maria, The 'Best Interests' of Asylum-Seeker Children: Who’s Guarding the Guardian? (December 15, 2013). Alternative Law Journal, Vol. 38, No. 4, pp 224-228, 2013, Monash University Faculty of Law Legal Studies Research Paper No. 2013/37, Available at SSRN: https://ssrn.com/abstract=2376142

Maria O'Sullivan (Contact Author)

Deakin Law School ( email )

221 Burwood Highway
Burwood
Burwood, Victoria 3125, Victoria 3125
Australia
0415585708 (Phone)

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