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Does Australia’s treatment of children asylum seekers accord with international and Australian human rights standards? Use at least one relevant case study of an individual or defined group as a basis for answering this question. Ensure you consider both international conventions and domestic legislation. Your answer should note both the rights of the child and their right to seek asylum. Your answer should also make use of the PLAN framework. to critically analyse and illustrate your answer.
Sample Answer
Title: Australia’s Treatment of Children Asylum Seekers: A Violation of Human Rights?
Introduction
The treatment of children asylum seekers in Australia has been a subject of intense debate and scrutiny, raising concerns about the country’s compliance with international and Australian human rights standards. This essay aims to critically analyze Australia’s treatment of children asylum seekers, taking into account relevant international conventions and domestic legislation. By examining a case study and applying the PLAN framework, this essay will assess whether Australia’s treatment of these vulnerable individuals aligns with human rights principles.
International and Australian Human Rights Standards
Rights of the Child: The United Nations Convention on the Rights of the Child (UNCRC) is a widely ratified international agreement that sets out the fundamental rights of children. These rights include the right to survival, development, protection from harm, and participation in decisions affecting them. It is essential to evaluate Australia’s treatment of children asylum seekers in light of these rights.
Right to Seek Asylum: The Universal Declaration of Human Rights (UDHR) and the 1951 Refugee Convention recognize the right to seek asylum for individuals fleeing persecution or violence. Australia, as a signatory to these conventions, has an obligation to protect and provide assistance to asylum seekers, including children.
Case Study: The Offshore Processing Policy
The offshore processing policy implemented by Australia is a significant case study that sheds light on the treatment of children asylum seekers. Under this policy, individuals arriving by boat seeking asylum are transferred to offshore detention centers in Nauru and Papua New Guinea’s Manus Island. This policy has raised concerns about human rights violations, particularly regarding the treatment of children.
PLAN Framework Analysis
Purpose: The purpose of the offshore processing policy was to discourage asylum seekers from attempting dangerous boat journeys and to maintain control over immigration. However, this policy fails to prioritize the best interests of children asylum seekers, neglecting their rights to protection, development, and participation.
Legal Standards: The offshore processing policy raises questions about Australia’s compliance with its obligations under international and domestic laws. Detaining children in harsh conditions for extended periods without proper access to education, healthcare, and adequate living conditions violates their rights under the UNCRC and contravenes Australia’s domestic legislation.
Alternatives: Australia has alternative approaches available that prioritize the rights and well-being of children asylum seekers. Community-based processing and support programs have proven effective in other countries, providing a more humane and child-centered approach while ensuring compliance with international human rights standards.
Necessity: The Australian government argues that offshore processing is necessary to deter people smugglers and protect national security. However, evidence suggests that the policy has not achieved these goals effectively, while causing significant harm to vulnerable children.
Conclusion
The treatment of children asylum seekers in Australia, particularly under the offshore processing policy, raises serious concerns about the country’s compliance with international and Australian human rights standards. The case study analysis using the PLAN framework highlights the failure to prioritize the best interests of children and the violation of their rights under international conventions and domestic legislation.
Australia’s treatment of children asylum seekers should be reevaluated to ensure full compliance with its obligations under the UNCRC, UDHR, and the Refugee Convention. Alternative approaches that prioritize the rights and well-being of children, such as community-based processing and support programs, should be explored. It is crucial for Australia to uphold its commitment to human rights principles and provide a safe and nurturing environment for all children seeking asylum within its borders.
