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

Sydney Law School Research Paper No. 15/78

21 Pages Posted: 22 Sep 2015

See all articles by Ben Saul

Ben Saul

The University of Sydney Law School

Date Written: 2013

Abstract

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

Saul, Ben, Indefinite Security Detention and Refugee Children and Families in Australia: International Human Rights Law Dimensions (2013). Australian International Law Journal, Vol. 20, pp. 55-75, 2013; Sydney Law School Research Paper No. 15/78. Available at SSRN: https://ssrn.com/abstract=2663826

Ben Saul (Contact Author)

The University of Sydney Law School ( email )

New Law Building, F10
The University of Sydney
Sydney, NSW 2006
Australia

HOME PAGE: http://https://sydney.edu.au/law/about/people/profiles/ben.saul.php

Here is the Coronavirus
related research on SSRN

Paper statistics

Downloads
43
Abstract Views
381
PlumX Metrics