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Author: Mary Crock Publisher: Federation Press ISBN: 9781921113017 Category : Family & Relationships Languages : en Pages : 260
Book Description
Unaccompanied and separated children continue to be caught up in programs to deflect unauthorised Australian boat arrivals to offshore processing centres. If such children do make it to Australia, the processes for identifying children travelling alone are inadequate, with too much reliance placed on the self-identification of such children. No child victim of trafficking has been identified in Australia since 1994. Australia's refugee status determination system was established with adult asylum seekers as the norm. Children face obvious disadvantage in both articulating their story and in being heard. At the crucial first point of contact with authorities children are required to articulate their need for protection without either an advisor or an effective guardian. Case studies of children within the asylum process also suggest that immigration officials and officials at appellate level have been poorly trained and have lacked the skills to deal with child asylum seekers with appropriate sensitivity. Another barrier faced by these children is legal: questions remain as to how well the international definition of refugee has been read to accommodate the particular experiences of children. It is hoped that this report will encourage Australian officials to think seriously about children as refugees in their own right - most particularly when the children are travelling alone.This Report was funded by the MacArthur Foundation (Chicago), the Australian Research Council and the Myer Foundation.Also available Seeking Asylum Alone - A Comparative Study- Unaccompanied and Separated Children and Refugee Protection in Australia, the UK and the US, by Jacqueline Bhabha and Mary Crock.
Author: Mary Crock Publisher: Federation Press ISBN: 9781921113017 Category : Family & Relationships Languages : en Pages : 260
Book Description
Unaccompanied and separated children continue to be caught up in programs to deflect unauthorised Australian boat arrivals to offshore processing centres. If such children do make it to Australia, the processes for identifying children travelling alone are inadequate, with too much reliance placed on the self-identification of such children. No child victim of trafficking has been identified in Australia since 1994. Australia's refugee status determination system was established with adult asylum seekers as the norm. Children face obvious disadvantage in both articulating their story and in being heard. At the crucial first point of contact with authorities children are required to articulate their need for protection without either an advisor or an effective guardian. Case studies of children within the asylum process also suggest that immigration officials and officials at appellate level have been poorly trained and have lacked the skills to deal with child asylum seekers with appropriate sensitivity. Another barrier faced by these children is legal: questions remain as to how well the international definition of refugee has been read to accommodate the particular experiences of children. It is hoped that this report will encourage Australian officials to think seriously about children as refugees in their own right - most particularly when the children are travelling alone.This Report was funded by the MacArthur Foundation (Chicago), the Australian Research Council and the Myer Foundation.Also available Seeking Asylum Alone - A Comparative Study- Unaccompanied and Separated Children and Refugee Protection in Australia, the UK and the US, by Jacqueline Bhabha and Mary Crock.
Author: Jacqueline Bhabha Publisher: ISBN: 9781921113024 Category : Asylum, Right of Languages : en Pages : 220
Book Description
"Then I was enclosed in a small room .... I could see faces of other young people in their own cells. We had a place to sleep, a cell, very hot, it had a toilet. My heart started to race in the room. I was worried. I didn't know what was going to happen to me". These are the words of a seventeen-year-old boy who fled gang violence in El Salvador only to find himself in a detention centre in Texas. His experience, and that of the thousands of other children who cross borders unaccompanied every year in search of protection, is explored in a new international study, Seeking Asylum Alone. This international comparative report describes the nature and scale of the migration of unaccompanied and separated children, the complex and unsatisfactory policies and procedures which funnel children through an adversarial system that frequently ignores their best interests and violates their human rights, and the range of remedies available to children. Drawing on government data, court proceedings and hundreds of interviews with officials, advocates and the children themselves, the report highlights serious deficiencies in current practice. It documents the inadequacy of current data collection, the hurdles children face in getting access to a place of safety, the inadequacies of reception, detention, and care systems, the severe limitations on legal representation and due process, and the unsatisfactory state of final protection outcomes. The report arrives at two general conclusions. One is that the serious protection deficits highlighted by the data require urgent rectification: children should be treated as children first and non-citizens or aliens second, if states' human rights obligations are going to be met. The second conclusion is that many unaccompanied or separated children have a stronger claim to asylum under international law than is generally recognized, and that child specific persecution should be investigated more seriously and systematically: legal actors should substitute for their adult centred lens a more child centred focus. The recommendations that follow from these conclusions can, the report argues, be implemented relatively easily and economically, with more systematic training and monitoring, and without jeopardizing states' migration management programs.Directed by two law professors, Jacqueline Bhabha, a lecturer at Harvard Law School, and Mary Crock, an associate professor at Sydney Law School, the two year comparative research project documents the circumstances and treatment of unaccompanied and separated child asylum seekers in three key destination countries, the United States, the United Kingdom and Australia. The study has resulted in four substantial research reports, one on each of the three countries in which research was conducted, and this fourth generic and comparative report, which brings together all the country specific findings. All the reports are now accessible on-line at: http://www.humanrights.harvard.edu; and at www.law.usyd.edu.au/sciglAlso available Seeking Asylum Alone - A study of Australian law, policy and practice regarding unaccompanied and separated children, by Mary Crock.
Author: Chiara Galli Publisher: Univ of California Press ISBN: 0520391926 Category : Social Science Languages : en Pages : 291
Book Description
More children than ever are crossing international borders alone to seek asylum worldwide. In the past decade, over a half million children have fled from Central America to the United States, seeking safety and a chance to continue lives halted by violence. Yet upon their arrival, they fail to find the protection that our laws promise, based on the broadly shared belief that children should be safeguarded. A meticulously researched ethnography, Precarious Protections chronicles the experiences and perspectives of Central American unaccompanied minors and their immigration attorneys as they pursue applications for refugee status in the US asylum process. Chiara Galli debunks assumptions about asylum, including the idea that people are being denied protection because they file bogus claims. In practice, the United States interprets asylum law far more narrowly than what is necessary to recognize real-world experiences of escape from life-threatening violence. This is especially true for children from Central America. Galli reveals the formidable challenges of lawyering with children and exposes the human toll of the US immigration bureaucracy.
Author: Jason M. Pobjoy Publisher: Cambridge University Press ISBN: 1316813002 Category : Political Science Languages : en Pages : 827
Book Description
Children are the victims of some of the most devastating examples of state-sanctioned and private human rights abuse. In increasing numbers, they are attempting to find international protection, and are forced to navigate complex administrative and legal processes that fail to take into account their distinct needs and vulnerabilities. The key challenges they face in establishing entitlement to refugee protection are their invisibility and the risk of incorrect assessment. Drawing on an extensive and original analysis of jurisprudence of leading common law jurisdictions, this book undertakes an assessment of the extent to which these challenges may be overcome by greater engagement between international refugee law and international law on the rights of the child. The result is the first comprehensive study on the manner in which these two mutually reinforcing legal regimes can interact to strengthen the protection of refugee children.
Author: James M. Freeman Publisher: University of Washington Press ISBN: 0295801611 Category : Social Science Languages : en Pages : 288
Book Description
Wave after wave of political and economic refugees poured out of Vietnam beginning in the late 1970s, overwhelming the resources available to receive them. Squalid conditions prevailed in detention centers and camps in Hong Kong and throughout Southeast Asia, where many refugees spent years languishing in poverty, neglect, and abuse while supposedly being protected by an international consortium of caregivers. Voices from the Camps tells the story of the most vulnerable of these refugees: children alone, either orphaned or separated from their families. Combining anthropology and social work with advocacy for unaccompanied children everywhere, James M. Freeman and Nguyen Dinh Huu present the voices and experiences of Vietnamese refugee children neglected and abused by the system intended to help them. Authorities in countries of first asylum, faced with thousands upon thousands of increasingly frightened, despairing, and angry people, needed to determine on a case-by-case basis whether they should be sent back to Vietnam or be certified as legitimate refugees and allowed to proceed to countries of resettlement. The international community, led by UNHCR, devised a well-intentioned screening system. Unfortunately, as Freeman and Nguyen demonstrate, it failed unaccompanied children. The hardships these children endured are disturbing, but more disturbing is the story of how the governments and agencies that set out to care for them eventually became the children�s tormenters. When Vietnam, after years of refusing to readmit illegal emigrants, reversed its policy, the international community began doing everything it could to force them back to Vietnam. Cutting rations, closing schools, separating children from older relations and other caregivers, relocating them in order to destroy any sense of stability--the authorities employed coercion and effective abuse with distressing ease, all in the name of the �best interests� of the children. While some children eventually managed to construct a decent life in Vietnam or elsewhere, including the United States, all have been scarred by their refugee experience and most are still struggling with the legacy. Freeman and Nguyen�s presentation and analysis of this sobering chapter in recent history is a cautionary tale and a call to action.
Author: Mary Crock
Author: Mary Crock
Author: Jacqueline Bhabha
Author: Jacqueline Bhabha
Author: Jacqueline Bhabha
Author: Jacqueline Bhabha
Author: Chiara Galli
Author: 
Author: Elaine Chase
Author: Jason M. Pobjoy
Author: James M. Freeman