Indefinite Security Detention and Refugee Children and Families in Australia: International Human Rights Law Dimensions
Australian International Law Journal, Vol. 20, pp. 55-75, 2013
21 Pages Posted: 22 Sep 2015
Date Written: 2013
Under Australian law the children of refugee parents executively assessed as national security risks can be indefinitely held in administrative detention without effective judicial safeguards. This article examines the international human rights law impacts of adverse security assessments affecting refugee parents, children and families in Australian immigration detention centres. It argues that the Australian approach involves arbitrary interference in family life under art 17(1) International Covenant on Civil and Political Rights (ICCPR) and a related failure to protect family life under art 23(1) of the ICCPR; a failure to take into account the best interests of the child under art 3(1) of the Convention on the Rights of the Child and art 24(1) of the ICCPR; and arbitrary detention of children under art 9 of the ICCPR and art 37(b) of the CRC. In doing so it indicates what procedural reforms are necessary to bring Australian law and practice into conformity with its international obligations.
Keywords: Economic, social and cultural rights, International Covenant on Economic, Social and Cultural Rights, Universal Declaration of Human Rights
JEL Classification: K10, K30, K33
Suggested Citation: Suggested Citation