{"id":29367,"date":"2019-09-17T15:19:11","date_gmt":"2019-09-17T15:19:11","guid":{"rendered":"https:\/\/www.humanium.org\/en\/?p=29367"},"modified":"2025-12-13T20:44:56","modified_gmt":"2025-12-13T20:44:56","slug":"child-immigration-detention-part-2","status":"publish","type":"post","link":"https:\/\/www.humanium.org\/en\/child-immigration-detention-part-2\/","title":{"rendered":"Child Immigration Detention: Part 2"},"content":{"rendered":"\n

Today each country has its own mechanisms to fight illegal migration, but some have demonstrated not having any limits in the way this should be done, no matter if they are children or adults. The Australian government has made children criminals for traveling without permits making offshore imprisonment on islands, just as was done decades ago in the West for the worst, more dangerous criminals. <\/strong><\/p>\n\n\n\n

Unprecedented Australian\ndetention tactics violate child rights<\/strong><\/h2>\n\n\n\n

The history of detention in centres in Australia<\/a> is peculiar, as it is known for being one of\nthe most strict borders and immigration controls in the world. The adoption of\nchild detention as a strategy was instigated with the objective to handle and\nstop the arrival of migrants in Australia. <\/p>\n\n\n\n

Because of the willingness to completely stop\nillegal migration, the Australian government put in place offshore detention\ncentres. This led to an extreme situation where an almost unique system of indefinite detention was implemented<\/strong>,\nleaving detained parents and children in complete uncertainty for years, not\nknowing what their future would be.  <\/p>\n\n\n\n

Children coming to Australia by boat face the greatest danger. Indeed, the border violence exacted against illegal migrants is widely acknowledged. Some children travel with their parents, but others – teenagers and young adults – travel alone. The majority of detained minors are located on Christmas Island, Nauru Island and Manus Island. Some boats are also taken back by the Australian military to their country of departure. <\/p>\n\n\n\n

Unaccompanied child, Christmas Island<\/strong><\/p>\n\n\n\n

Living here is hard. The tension in here and the tension from home. Too much sad[ness] … whenever I call home they ask when I will be released. I tell them Inshalla (God willing) … Many people here are hurting themselves. Boys cutting hands, arms … I was thinking about that.<\/em> <\/p>(Australia HRC, 2014)<\/cite><\/blockquote>\n\n\n\n

In 2018, 119 children were still detained in\nNauru (CNN, 2018), where a seriously ill 12-year-old boy had to be transferred\nto the Australian mainland after refusing to eat for over two weeks. Doctors\nhave alerted authorities to the inappropriate medical and living conditions in\nthese facilities, and the difficulty in getting children into Australian hospitals.\nOne doctor was fired after criticizing this system (Al Jazeera, 2019). More\nthan 1,000 people were still detained in February 2019 in Nauru and other\nislands of Papua New Guinea.<\/p>\n\n\n\n

\"\"<\/figure>\n\n\n\n

Drawing\nby primary school aged child, Christmas Island (Australian HRC, 2014)<\/em><\/p>\n\n\n\n

Child detention in Australia is heavily criticized by the international community and has degraded residents\u2019 views of their own country. Daniel Webb, Director of Legal Advocacy at the Human Rights Law Centre said: \u201cThese children and their families have now been detained for over five years – imprisoned for fleeing the same atrocities our government comes here and condemns\u201d. Alarming reports from the UN in 2016 stated that children in detention centres are often completely desperate and have “attempted suicide, self-immolation, acts of self-harm and depression”(CNN, 2018), even those living alongside their parents in the detention centres are implicated in this description. Children are affected by \u2018resignation syndrome\u2019, which means they lose the appetite to eat, to get out of bed, some of them refuse to speak, and worse. There are several cases of suicide attempts, even in children as young as 10 years old.<\/p>\n\n\n\n

The Australian government has declared that\nNauru\u2019s detention centre will no longer be used in the border control system\nand that all children will leave the island. In February 2019, however, the\ncampaign \u201cKids Off Nauru\u201d revealed that children\nwere nonetheless still detained on the island (World Vision, 2019). According\nto Al Jazeera, 109 of the children – supposedly all of them – have now left\nNauru Island (Al Jazeera, 2019).<\/p>\n\n\n\n

 Detained\nchildren are being \u2018swapped\u2019 between Australia and the USA via a program set up\nunder the Obama administration. Whether or not consent is obtained for these\n\u2018resettlements\u2019 in unknown (The Guardian, 2019).<\/p>\n\n\n\n

Law on Child Detention<\/strong><\/h2>\n\n\n\n
\"\"<\/figure><\/div>\n\n\n\n

Children have an extensive corpus of rights<\/a> powerfully enshrined throughout international\nand national human rights laws as well as in bodies of social, cultural and\neconomic legislation. In particular, children have many specialised rights due\nto their status as minors. A central principle governing today’s conception of\nchild rights is the child\u2019s best interest:\n\u201cIn all actions concerning children, whether undertaken by public or private\nsocial welfare institutions, courts of law, administrative authorities or\nlegislative bodies, the best interests of the child shall be a primary\nconsideration.\u201d <\/em>(Article 3, CRC).<\/p>\n\n\n\n

The <\/strong>Convention on the Rights of the Child<\/strong><\/a> (CRC): <\/strong>\u201cThe Convention on the Rights of the Child is the most widely and rapidly ratified international human rights treaty in history. Only the United States has not ratified the agreement\u201d (End Children Detention, 2019). The major principle of the Convention, who’s 30th anniversary will take place in a few months\u2019 time, is that children must be treated as children first and foremost<\/strong>. In accordance with the Convention, children have the right to access education, health care, as well as the right to grow up in an environment of happiness, love, and understanding. Children should also be informed about their own rights and participate in their realisation in an accessible and active manner.<\/p>\n\n\n\n

Today in the case\nof immigration, child detention is\nalways a child rights violation<\/strong>. \u201cThe detention of a child because of their\nor their parent\u2019s migration status constitutes a child rights violation and\nalways contravenes the principle of the best interests of the child<\/em><\/strong> [..],\u201d<\/em> (Committee on the Rights of the\nChild, 2012).<\/p>\n\n\n\n

Humanium denounces detention<\/strong><\/h2>\n\n\n\n

Humanium exists to\nsee the rights of children fulfilled; a raison d\u2019\u00eatre<\/em><\/a> in opposition\nto the appalling violations child detention oversees. The detention of minors,\nfor anything other than absolutely exceptional highly short-term circumstances\nin which detention is both in their own interests and in perfect accordance\nwith prevailing law and standards, is unconditionally wrong. The deprivation of\nminors\u2019 liberties and human rights as a result of their immigration status is\nsomething Humanium utterly condemns. We\nthus call for the unconditional and permanent abolition of child immigration\ndetention. <\/strong><\/p>\n\n\n\n

Written by Adrian\nLakrichi and Josie Thum<\/em><\/strong><\/p>\n\n\n\n

Further Reading<\/strong><\/h2>\n\n\n\n