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The Convention on the Rights of the Child states that unaccompanied children - particularly those seeking asylum - need special protection and assistance. Where unaccompanied children have a legal guardian, their best interests must be the guardian's 'basic concern'.

While a short period of detention may be permitted for the purpose of conducting preliminary health, identity and security checks, Australia's detention system requires detention well beyond those permitted purposes. In fact, Australia's immigration detention laws and practices create a detention system that is fundamentally at odds with the Convention on the Rights of the Child.

The Convention on the Rights of the Child is very clear that extra efforts must be taken to provide children with disabilities with the support they need to enjoy a 'full and decent life'.

Throughout the course of the Inquiry, a number of serious disturbances occurred in immigration detention centres, including riots, fires, hunger strikes, protests, self-harm and suicide attempts.

Since 1992, Australia's migration law has made it mandatory for any person in Australia without a valid visa to be detained until they are issued with a visa or removed from Australia. This law applies equally to adults and children.

Discover a summary guide on last resort measures.

The Human Rights and Equal Opportunity Commission was established in 1986. It is an independent statutory organisation and reports to the federal Parliament through the Attorney-General.

The Convention on the Rights of the Child requires Australia to protect children's right to cultural identity, language and religion. It places a responsibility on the Department to facilitate their religious and cultural practices, such as worship, diet, health and hygiene.

The arrest, detention or imprisonment of a child shall be … used only as a measure of last resort and for the shortest appropriate period of time.

Following a successful application for asylum, children - either individually or as part of their family group - are generally released from detention into the community on a three-year temporary protection visa (TPV).