HREOC intervenes in challenge to immigration detention of children **************************************************
The Human Rights and Equal Opportunity Commission was granted leave to intervene by the High Court today in a matter relating to the constitutional limits on the powers to detain children under the Migration Act 1958 (Cth).
In summary, the Commission submitted that the Migration Act 1958 (Cth) fails to provide a system whereby childrens particular interests and vulnerabilities are recognised.
Instead, the Act requires the mandatory detention of both adults and children alike, without any mechanism for the individual assessment of the needs of children. The Commission has submitted that this undifferentiated approach fails to meet the constitutional requirement that such detention be limited to what is reasonably necessary for the purposes of assessment of immigration status or removal/deportation.
The Commission made particular reference to the Convention on the Rights of the Child, which imposes international legal obligations upon Australia in relation to the detention of children.
Human Rights Commissioner Dr Sev Ozdowski said the Commissions intervention in this case demonstrates our continued efforts to protect the human rights of children who are in immigration detention.
The Commission will shortly be releasing the report of its national inquiry into that issue, the Commissioner said.
************************************************** The Commissions submissions are available online at: http://www.humanrights.gov.au/legal/intervention/sakhi.html
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Stephen Webb Media Officer Communications Unit NSW Synod, Uniting Church in Australia Box A2178, Sydney South, NSW 1235, Australia email: [EMAIL PROTECTED] Phone: +61 2 8267 4308; Mobile: 0423 259 945; Fax: 9267 4716; Web: nsw.uca.org.au/cu/ & insights.uca.org.au/ ------------------ The Communications Unit publishes the monthly magazine Insights, conducts public relations for the NSW Synod of the Uniting Church, and provides a variety of communications services. These include writing, editing, web consultation and development, desktop publishing and graphic design, public relations and advertising. For a consultation or free estimate on your project call the Communications Unit at (02) 8267 4307.
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