Every individual has inherited some rights that are universal in nature. Even a child has the right to lead his or her life as per will. The law has provided every individual some human rights by enacting separate laws. In Australia, there is an independent statutory body on human rights that investigates the complaint and promotes the rights by way of education and reporting. The present problem is based on the rights of the children refugees that are uprooted from their homeland and detained in many parts of Australia. According to National Inquiry into Children in Immigration Detention that was occurred in 2014, it was clearly indicated that there are more than 800 children are detained in Australia. It was revealed that the children are treated inhumanly by the government. Australian government should implement some firm step to protect the rights of those children.
Immigration detention:
Persons who are uprooted from a different country and try to settle in a foreign national are the immigrated one. If any suspected immigrate getting detained, that leads to immigration detention. In Australia, the policy of mandatory detention came into force in 1992. The rules are applicable on those who have no visa. There are many criticisms present regarding the child detention in Australia. It is alleged that the children are treated indiscriminately and they are not even provided with the minimum human rights. The detention can be of limited period or of indefinite terms.
Human rights are the fundamental rights of a person and most of the countries are allowing its citizen to perform the rights freely. Austral is not an exception to this. The duty regarding the protection of the human rights are imposed on the constitution of Australia. Right to life, right to vote is some of these human rights. Australia has some different charters for that too. The human rights in Australia are protected through some international conventions and there is a commission regarding the same that ensures the investigation and submits report on the same. There is a provision regarding those persons who has no valid visa and it is stated that the government can detained them for indefinite period and can be transferred to some Portland area like Nauru. However, the transfer process is become invalidating from 2013.
Many criticized the policies of mandatory detention of the refugees including the children. Most criticized process is the inhuman torture of the children who came to Australia for seeking for shelter. A national inquiry was made in the year 2014 and the report is fierce in nature. The condition of the children is deteriorating and the ill-behavior of government regarding the same are unexpected. The main problem regarding the detention is that only Australia detained the children refugee on mandatory basis. It continues its process through the Department of Immigration and Multicultural and Indigenous Affairs.
United Nation has enacted a convention for the rights of children and being a founder member of the United Nation, it is an utmost duty of Australia for the effective implementation for the protection of right of the children. As per the provision of Article 37 of the convention, it is being clearly indicated that no children shall be deprived of liberty on arbitrary base. Capital punishment should not be imposed on them. Children are not subjected to the inhuman torture and they should be provided with proper education and medicine for the betterment of their future. United Nation had promoted certain other enactments for the protection of rights of the children in the year 1951, 1967, and 1984 respectively. Report by the UNHCR has implemented certain guidelines regarding the care of children.
The most tragic provision in Australia is that the mandatory detention process to the child immigrates. It is unfortunate to misuse the children that are seeking for a shelter. As per a report in 2003, there were approximately 1117 immigration detainees present in Australia. The children that are not attaining majority are also get detained in the prison. The mental torture on the children affects their mental health and it gets green chit from the psychiatrists and academic researchers. Torture includes assault and sexual abuse that are the most common factors face by them in the detention atmosphere. It is obvious to state that the mandatory provision of detention is contrary to the provision of United Nation. It is the discretionary power of the government to determine the terms of detention of those children.
It has been reported many a times that the detention process created a serious impact on the children who face the mandatory detention. The unhygienic system of the detention affects the mental health of the children. The bad environment and the ill-treatment of the Australians make them feel unsafe and that cause grave mental dissatisfaction to them. It is very difficult to them to attach with the state emotionally. The right to education to those refugees is become sarcastic in nature. They do not get conscious regarding their rights and the rights that are provided to them are gravely infringed by those process. They are often used as slave and their childhood become lost due to this.
Australia has implemented a number of policies regarding the asylum seeker. One of the policies are the refugees who arrived at the shore of Australia by boat are not allowed to enter in any provinces of Australia. It is applied to all those refugees who are transferred to island like Nauru from the year 2013. This policy had been coined by the former Prime Minister of Australia Mr. Kevin Rudd. During the Howard’s government, pacific solution was taken for the purpose of preventing the refugees from the Christmas Island.
The children face potential threat regarding the detention. According to the psychiatry report, the mental conditions have become vulnerable in nature. It become a mental trauma for the children and due to this the families of the children getting traumatized periodically. The families of those children are also feeling unsafe and they are forced to leave their child in the unprotected areas of Australia. As per the report submitted by the British Medical Journal in the year 2002, it was revealed that the detained children have been suffering from emotional disorder due to unhealthy environment of the prison. According to the report of the Equal Opportunity Commission, the children need proper education to reduce the rate of emotional disorder in between the children.
There is a united voice come up in Australia for the protection of the child refugees. Initiatives have been taken for the benefit of the children by the social activists in Australia. There has been a co-operation for making them educated can be noticed in the society of Australia. The child detention policies are about to change and there are support against the child labor system arose. One coalition regarding the end of the process of child detention has been cropped up in the year 2014 that includes the policy regarding the border protection. The tendency of Australia regarding infringe the Universal Human Rights provisions on detention of the children are need to be stopped. This policy is getting developing from the year 2005 and the result is now quite positive. The children who become slave or become child labor in different provinces of Australia are also getting rescued so that they may not lose their childhood.
Conclusion:
Therefore, from the above discussion, it can conclude that the Australian policy over the child refugees is against the universal provisions and there are a serious lean on the inhuman provisions are to be noticed by the Australia. There are numbers of policies that are based on arbitrariness of the government of Australia. The most controversial policy is the mandatory detention process regarding the refugees that includes the child refugees also. The inhuman behavior by the Government is also criticized. The aftermath effect on the child refugees is detrimental in nature. They are suffering from mental disorder and feel unsafe in the provinces of Australia. They cannot perform their educational right rather are subjected to child labor and slavery. There are a lot of conventions signed between Australia and other states and even with the United Nation, but all are in vain due to unchanged mentality of the government. Policies against the rights of the refugees are enacted day today and Australia becomes the only country where the terms of detention are depend on the discretionary power of the government.
Reference:
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