Anti-racism resources — History Year 10

 

Sequence 4: Key human rights obligations

 

Australia’s key human rights obligations which are relevant to asylum seekers, refugees and people in immigration detention are set out below.

Key human rights obligations
 References
People should not be returned to a country where their life or freedom would be threatened (referred to as ‘refoulement’) Article 33 Convention Relating to the Status of Refugees, as amended by its 1967 Protocol (Refugee Convention); at least Articles 6 and 7 International Covenant on Civil and Political Rights (ICCPR); Articles 6 and 37 Convention on the Rights of the Child (CRC); Articles 3 and 16 Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT)
Everyone has the right not to be subjected to arbitrary detention Article 9(1) ICCPR; Article 37(b) CRC
Children should only be detained as a measure of last resort, and for the shortest appropriate period of time Article 37(b) CRC
In all actions concerning children, the best interests of the child should be a primary consideration (and in the case of their legal guardian, the primary consideration) Articles 3(1) and 18(1) CRC
Anyone who is detained has the right to challenge the legality of their detention in court Article 9(4) ICCPR; Article 37(d) CRC
All persons who are detained should be treated with humanity and respect for their inherent dignity Article 10 ICCPR; Article 37(c) CRC
No one should be subjected to torture or to cruel, inhuman or degrading treatment or punishment Article 7 ICCPR; Articles 2 and 16 CAT; Article 37(a) CRC
Everyone is entitled to respect for their human rights without discrimination Articles 2(1) and 26 ICCPR; Article 2 CRC; Article 2(2) International Covenant on Economic, Social and Cultural Rights (ICESCR)
Asylum seekers should not be penalised for arriving in a country without authorisation Article 31 Refugee Convention
Everyone has the right to work, and to an adequate standard of living, including food, clothing and housing Articles 6(1) and 11(1) ICESCR
Everyone is entitled to enjoy the highest attainable standard of mental and physical health Article 12 ICESCR
Everyone has the right to have their family protected from arbitrary or unlawful interference Articles 17 and 23 ICCPR; Article 8(1) CRC
Children who are unaccompanied and/or seeking asylum have a right to special protection and assistance Articles 20 and 22 CRC

Source: Australian Human Rights Commission Asylum seekers, refugees and human rights snapshot report 2013

 

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