Separated Children: A Comparison of the Treatment of Separated Child Refugees Entering Australia and Canada

31 Pages Posted: 22 Jun 2008 Last revised: 30 Sep 2016

Date Written: October 1, 2007

Abstract

Separated children are in a uniquely vulnerable situation. Not only are they in fear of persecution but they have been separated from their families. They are seeking multifaceted protections. Such children need a country to protect them from further persecution, a caregiver to nurture them and fulfil the family role and a society that will foster their social and intellectual growth. This article analyses the treatment of separated child refugees in the context of international human rights law as it relates to children and from the viewpoint of domestic immigration law. The article bases this analysis on a comparison of the treatment of separated child refugees in Australia and Canada. The fundamental principle of the International Convention on the Rights of the Child is that member states should act in the child's best interests. This principle has two important aspects, firstly, that detention of children should only be used as a last resort and, secondly, that child refugees should enjoy the right to seek asylum. The article examines the domestic law of both Australia and Canada with a view to determining how these two aspects are applied to unaccompanied children.

Suggested Citation

Martin, Fiona Anne and Curran, Jennifer, Separated Children: A Comparison of the Treatment of Separated Child Refugees Entering Australia and Canada (October 1, 2007). International Journal of Refugee Law, Vol. 19, Issue 3, pp. 440-470, 2007, Available at SSRN: https://ssrn.com/abstract=1149682 or http://dx.doi.org/10.1093/ijrl/eem053

Fiona Anne Martin (Contact Author)

UNSW Business School ( email )

UNSW Business School
High St
Sydney, NSW 2052
Australia

Jennifer Curran

Independent

Do you have a job opening that you would like to promote on SSRN?

Paper statistics

Downloads
52
Abstract Views
789
Rank
814,017
PlumX Metrics