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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: 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: Jyothi Kanics Publisher: UNESCO ISBN: 923104091X Category : Social Science Languages : en Pages : 207
Book Description
The essays that make up this book examine the question of child migration from legal, sociological and anthropological angles, examining the situation in both countries of origin and receiving countries.--Publisher's description.
Author: Irial Glynn Publisher: Springer ISBN: 1137517336 Category : Political Science Languages : en Pages : 230
Book Description
This book compares the policies of Australia and Italy towards boat people who have arrived in the two countries since the early 1990s. While the regular and varied inflow of immigrants arriving at national airports, ferry terminals and train stations is seldom witnessed by the public, the arrival of boat people is often played out in the media and consequently attracts disproportionate political and public attention. Both Australia and Italy faced similar dilemmas, but the nature of political debate on the issue, the types of strategies introduced, and the effects that policy changes had on boat people diverged considerably. This book argues that contrasting migration path dependencies, disparate political values within the Left, and varying international obligations best explain the different approaches taken by the two countries to boat people.
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: Jennifer L. Whelan Publisher: Taylor & Francis ISBN: 1000688224 Category : Political Science Languages : en Pages : 153
Book Description
Unaccompanied child asylum seekers are amongst the world’s most vulnerable populations, and their numbers are increasing. The intersection of their age, their seeking asylum, and separation from their parents creates a specific and acute triple burden of vulnerability. Their precariousness has long been recognised in international human rights law. Yet, human rights-based responses have been subordinated to progressive global securitisation of irregular migration through interception, interdiction, extraterritorial processing and immigration detention. Such an approach necessitates an urgent paradigm shift in how we comprehend their needs as children, the impact of punitive border control laws on them, and the responsibility of States to these children when they arrive at their borders seeking asylum. This book reconceptualises the relationship between unaccompanied child asylum seekers and States. It proposes a new conceptual framework by applying international human rights law, childhood studies and vulnerability theory scholarship in analysing State obligations to respond to these children. This framework incorporates a robust analysis of the operation and impact of laws on vulnerable populations, a taxonomy for articulating the gravity of any consequent harms and a method to prioritise recommendations for reform. The book then illustrates the framework’s utility using Australia’s treatment of unaccompanied children as a case study. This book illuminates key learnings from human rights law, childhood studies and vulnerability theory and transforms them into a new roadmap for law reform. As such, it will be a valuable practice-based resource for practitioners, non-government organisations, advocates, policymakers and the general public interested in advocating for the rights of vulnerable populations as well as for academics, researchers and students of human rights law, refugee law, childhood studies and vulnerability studies.
Author: Stephen A. Webb Publisher: Routledge ISBN: 1351264389 Category : Social Science Languages : en Pages : 941
Book Description
The Routledge Handbook of Critical Social Work brings together the world’s leading scholars in the field to provide a cutting-edge overview of classic and current research and future trends in the subject. Comprised of 48 chapters divided into six parts: Historical, social, and political influences Mapping the theoretical and conceptual terrain Methods of engagement and modes of analysis Critical contexts for practice and policy Professional education and socialisation Future challenges, directions, and transformations it provides an authoritative guide to theory and method, and the primary debates of today in social work from a critical perspective. This handbook is a major reference work and the first book to comprehensively map the wide-ranging territory of critical social work. It does so by addressing its conceptual developments, its methodological advances, its value-based front-line practice and as an influence on the policy field. By offering a definitive survey of current academic knowledge as it relates to professional practice, it provides the first comprehensive, up-to-date, definitive work of reference while at the same time identifying emerging, innovative and cutting-edge areas.
Author: Annika Lems Publisher: Routledge ISBN: 1000460827 Category : Social Science Languages : en Pages : 177
Book Description
Every year, thousands of young people on the run from war and persecution, or escaping poverty and chronic instability, make their way to Europe without their parents. Embarking on long and often dangerous journeys, they have either become separated from their families on the way or set out on their own. In recent years, the number of unaccompanied minors arriving in Europe has risen drastically. It has led to a major shift in perception in European countries, initiating a wealth of policies and infrastructures targeted specifically at unaccompanied child refugees. This book investigates the emergence of the unaccompanied child refugee as a ‘crisis figure’. It shows how the sense of exceptionality attached to this figure translates into ambiguous and at times extremely contradictory social practices that have far-reaching effects on the lives of refugee youth. By bringing together ethnographically driven research on unaccompanied minors in some of the core arrival and transit countries in or into Europe, it shows the divergent ways ideas on childhood, deservingness and vulnerability are interpreted, lived, and grappled with on the ground. By laying the focus on young people’s own experiences and perspectives, it establishes a deeper understanding of the ways unaccompanied asylum seekers live and make sense of shifting social terrains. The chapters in this book were originally published as a special issue of the Journal of Ethnic and Migration Studies.
Author: Jason M. Pobjoy Publisher: Cambridge University Press ISBN: 1107175364 Category : Law Languages : en Pages : 367
Book Description
The first comprehensive study of the challenges faced by children in establishing entitlement to refugee protection. This book, which draws extensively on national case law from the United States, the United Kingdom, Canada, New Zealand and Australia, will be an invaluable resource for any academic, decision-maker or practitioner working in the area.
Author: Samantha Arnold Publisher: Routledge ISBN: 135168356X Category : Law Languages : en Pages : 358
Book Description
Children make up half of the world’s refugees and over 40 per cent of the world’s asylum seekers. However, children are largely invisible in historical and contemporary refugee law. Furthermore, there has been very limited interaction between the burgeoning children’s rights framework, in particular the Convention on the Rights of the Child (CRC), and the 1951 Convention relating to the Status of Refugees (Refugee Convention). This book explores the possibility of a children’s rights approach to the interpretation of the Refugee Convention and within that what such an approach might look like. In order to construct a children’s rights approach, the conceptualisations of children outside the legal discipline, within international children’s rights law and then within refugee law and refugee discourse are analysed. The approach taken is socio-legal and comparative in nature and the suitability of the Refugee Convention as a framework for the interpretation of child claims is examined. The book analyses to what extent the Refugee Convention is capable of dealing with claims from children based on the modern conceptualisation of children, which is underscored by two competing ideologies: the child as a vulnerable object in law to be protected and the child as subject with rights and the capacity to exercise their agency. The influence each regime has had on the other is also analysed. The work discusses how a children’s rights approach might improve outcomes for child applicants. The book makes an original contribution to child refugee discourse and as such will be an invaluable resource for academics, researchers and policymakers working in the areas of migration and asylum law, children’s rights and international human rights law.
Author: Mary Crock
Author: Mary Crock
Author: Jason M. Pobjoy
Author: Jyothi Kanics
Author: Irial Glynn
Author: Jacqueline Bhabha
Author: Jennifer L. Whelan
Author: Stephen A. Webb
Author: Annika Lems
Author: Jason M. Pobjoy
Author: Samantha Arnold