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The Law Council of Australia has called for asylum seeker children and their families to be moved out of offshore detention in Nauru as a matter of urgency.
LCA president Morry Bailes said that when medical experts unequivocally say that the physical and mental health of children is “deteriorating dangerously as a result of detention”, then urgent action is required.
The United Nations Convention on the Rights of the Child requires that in all actions concerning children, the best interests of the child be the primary consideration,” he said.
“Indefinite detention of children for the purposes of determining their immigration status will never comply with this convention. Australia must acknowledge its responsibility for the health and safety of those asylum seekers that have been transferred to other countries for offshore processing and assessment.”
The comments follow similar stances taken by the medical community in recent days, where bodies such as the Australian Medical Association, Royal Australasian College of Physicians and Royal Australian College of General Practitioners have “raised alarm” over the welfare of refugee and asylum seeker children held in detention centres.
If children must be detained as part of the immigration process, they should be detained only as a measure of last resort and for the shortest appropriate period of time, Mr Bailes argued.
“If necessary as a last resort, community-based detention should be used for children and families, provided that it includes appropriate access to services and facilities, including healthcare and education,” he posited.
“The current crisis again highlights that Australia needs a stronger commitment towards a cooperative, regional approach that meets its international obligations.”
“Long-term, indefinite detention on Nauru is simply no place for any child. The Australian government, in recognising this simple truth, should act with the appropriate urgency.”
Jerome Doraisamy is the managing editor of Lawyers Weekly and HR Leader. He is also the author of The Wellness Doctrines book series, an admitted solicitor in New South Wales, and a board director of the Minds Count Foundation.
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Jerome Doraisamy
