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For more than a decade, the Australian Human Rights Commission has called for reforms to Australia’s system of mandatory and indefinite immigration detention – both in light of the impacts it has on people’s mental health and wellbeing, and because it leads to breaches of Australia’s international human rights obligations. During this time, the Commission has investigated numerous complaints from people in detention and conducted two national inquiries into the mandatory detention system.[1]

This report contains a summary of observations made by the Australian Human Rights Commission (the Commission) during its 2010 visit to the immigration detention facilities on Christmas Island.

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)

This report contains a summary of observations by the Australian Human Rights Commissioner, Graeme Innes AM, and staff of the Australian Human Rights Commission (the Commission) following visits to Australia’s immigration detention facilities, and to people in community detention, between June and September 2008. The contents of the report are based on direct observations made during the visits, and on discussions with staff and immigration detainees.

On 25 June 2012, the Australian Parliament passed legislation to establish Australia’s first National Children’s Commissioner. The Commissioner will be a member of the Australian Human Rights Commission.

The purpose of this chapter is to explain the relevance of international human rights law to children in Australia's immigration detention centres and to provide a quick reference point on the fundamental human rights principles that have influenced the approach of this Inquiry. This chapter also explains the role of United Nations (UN) guidelines in the Inquiry's analysis of Australia's human rights treaty obligations.

2.1 Scope of international obligations 2.2 National framework 2.3 Equality before the law and non-discrimination 2.4 Migrants, refugees and asylum seekers 2.5 Right to life, liberty and security of the person 2.1 Scope of international obligations Australia prides itself on its commitment to the promotion and protection of human rights and has announced its candidacy for election to the Human ...

A central function of the Human Rights and Equal Opportunity Commission is to undertake education programs that increase public awareness and generate discussion of human rights and anti-discrimination issues within Australia.

Building understanding and respect for human rights and fundamental freedoms We all have a responsibility to respect the rights and freedoms of others. To make this a reality, the Commission works to build greater understanding of human rights and their importance in daily life. This is one of our two key priorities for 2011-2014. We work with a broad range of groups across the country, providing ...

A central function of HREOC is to undertake education programs that increase public awareness and generate discussion of human rights and anti-discrimination issues within Australia. HREOC’s legislative responsibilities are:

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.

In the contemporary world, especially amongst first world economies, the culture of civil liberties, freedoms and non-discrimination are reasonably well established and these precepts have clear links to innovation, creativity and the broader concepts of economic productivity and a well-functioning civil society.

One of the underlying goals of international and Australian laws relating to children with disabilities is to provide the highest possible level of support and assistance in the least restrictive way. Laws, policies and programs should be designed to ensure that children with disabilities have the opportunity to participate, to the maximum extent possible, in all aspects of the general community.