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1. The provisions made by Australia to implement its international human rights obligations regarding child asylum seekers, including unaccompanied minors

DR OZDOWSKI: I would like to formally open the second day of hearings in Adelaide. This is one of the hearings conducted around Australia for the National Inquiry into Children in Detention. My name is Sev Ozdowski, I'm the Human Rights Commissioner. With me is Mrs Robin Sullivan to my left, who is Queensland Children's Commissioner, and Dr Trang Thomas, on my right, is Professor of Psychology at the Royal Melbourne Institute of Technology. They are Assistant Commissioners helping me with the Inquiry.

On my right is Professor Trang Thomas, Professor of Psychology at the Royal Melbourne Institute of Technology and on my left Mrs Robin Sullivan, who is also the Queensland Children's Commissioner. Before the hearing commences I would like to note the following matters. First, the issue of confidentiality and privacy. The Commission believes it is important to respect the privacy of individuals and to protect children in particular. Even where individual cases have been made public elsewhere, individual's names should not be named in this hearing.

The Commission would like to thank the children and young people who participated in the project and demonstrated great courage in allowing us to hear and tell their often painful and traumatic stories, in a hope that things would change for the better.

On 3 April 2009, the Minister for Families, Housing, Community Services and Indigenous Affairs (Minister for Indigenous Affairs) delivered a formal statement in support of the United Nations Declaration on the Rights of Indigenous Peoples (Declaration).[1] In this statement, the Minister acknowledged that ‘[w]e need to find more ways of hearing Indigenous voices’.[2]

This chapter addresses the impact of the detention environment on the mental health of children and the measures taken to address their mental health needs. Consistent with the breadth of protection given to the welfare of children under the Convention on the Rights of the Child (CRC), the Inquiry uses the term mental health to describe the psychological well-being of children as well as diagnosed psychiatric illness.

Introduction Part A: Structure of this report Part B: Summary of findings and recommendations Part C: The complaints by Mr El Masri Part D: The Commission’s human rights inquiry and complaints function Part E: Mr El Masri’s detention from 14 November 2002 to 14 October 2005 Part F: The detention of Mr El Masri on 28 November 2006 Part G: The detention of Mr El Masri in MSU Part H: Use of force on 8 August 2005 Part I: Restrictions on Mr El Masri’s telephone calls Part J: Visits by Mr El Masri’s family Part K: Findings and recommendations Appendix 1 Appendix 2 Functions