Learn how the majority of children in immigration detention arrived in Australia by boat and that many came with family members but some arrived alone.

Asylum seekers, refugees and people in immigration detention

Over the last decade the Commission has worked to promote and protect the human rights of asylum seekers, refugees, and people in immigration detention. This work has included:

• Examination of the Migration (Regional Processing) package of legislation - January 2013
  Human rights discussed: ICCPR Articles 2.1, 2.2,  7, 9.1, 9.4, 14, 17, 23, 26; ICESCR Articles 6, 11; CRC Articles 2, 3.1, 8.1, 10.1, 20, 22,37.b; CAT Articles 3, 16
• Migration Amendment (Unauthorised Maritime Arrivals and Other Measures) Bill 2012 - December 2012
  Human rights discussed: ICCPR Articles 6, 7, 9, 10, 17, 23, 26 ; CAT Article 3; CRC Articles 3, 10, 20, 22, 37(b)

Brough v Australia (2006)

• Views of Committee in Word  and PDF

ICCPR Article 9 recognises some of the most basic liberty rights.  Commission reports on complaints under the Australian Human Rights Commission Act involve extensive work in this area.

Reports are also available on the Commission's This page is intended to provide more convenient access to this work in relation to ICCPR Article 9 specifically.

Many of these reports  demonstrate that breaches of ICCPR Article 9 also lead to breaches of other rights by Australia.

ICCPR Article 9 addresses some of the most basic liberty rights, and has been the subject of a large amount of Commission work including through submissions. 

Learn how under human rights law, all Australians have the right to humane treatment while in detention and that adults and children must be separated.

Learn how under human rights law, no person can be held under arbitrary arrest or detention, including persons in immigration detention.