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The United Nations High Commissioner for Refugees (UNHCR) estimates that around half of the 50 million displaced persons in the world are children. Around 10 million of these children are under the care of UNHCR. Approximately 100,000 separated children roam Western Europe.(1) During 1999 alone, more than 20,000 separated children applied for asylum in Western Europe, North America or Australia.(2) Of those 20,000 unaccompanied children, 46 travelled to Australia to seek asylum. In the same year a further 202 children sought asylum in Australia with their families.(3)

It was established to consider whether Australia's immigration detention laws and its treatment of children in immigration detention comply with the United Nations Convention on the Rights of the Child.

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.

As part of the Ismaع project, the Human Rights and Equal Opportunity Commission (the Commission) investigated existing initiatives that address anti-Arab or anti-Muslim prejudice at a local, state and federal level across Australia. We conducted research and requested information about current initiatives from seven federal government agencies, 37 state and territory government agencies (including education and police authorities), 83 local governments (mostly in areas with substantial Arab or Muslim populations) and 14 non-government and community organisations.

Just send my children to school, and let them be in freedom. They should live in a human good atmosphere, they should learn something good, and not the things they are learning here.(1)

The Convention on the Rights of the Child (CRC) requires Australia to protect children's rights to cultural identity, language and religion. The most effective way of ensuring enjoyment of these rights is to encourage and allow refugee and asylum-seeking children to participate in cultural and religious activities in the community. The Australian community is well equipped to respond to this need as a wide range of cultural and religious opportunities are readily accessible and this remains a key factor in the maintenance of our multicultural society.

This section outlines current knowledge around Indigenous young people with cognitive disabilities and/ or mental health issues. It introduces concepts and best practice models from Australia and internationally.

The issue of divorce never arises for same-sex couples, since they cannot legally marry. However, a same-sex couple, like an opposite-sex de facto couple, may need the assistance of a court to resolve property and child-related issues if their relationship breaks down.

According to the United Nations Convention and Protocol relating to the Status of Refugees (also called the Refugee Convention), a refugee is someone who is outside their own country and cannot return due to a well-founded fear of persecution because of their:

The Inquiry has been committed to hearing from all parties in the Australian community who have been involved with the immigration detention of children.