Sunday, May 6, 2012

What are Australia human rights obligations towards asylam seekers and refugees

Australia has obligations to protect the human rights of all asylum seekers and refugees who arrive in Australia, regardless of how or where they arrive and whether they arrive with or without a visa.
As a party to the Refugee Convention, Australia has agreed to ensure that people who meet the United Nations definition of refugee are not sent back to a country where their life or freedom would be threatened. This is known as the principle of non-refoulement.
Australia also has obligations not to return people who face a real risk of violation of certain human rights under the International Covenant on Civil and Political Rights, the Convention Against Torture and the Convention on the Rights of the Child. These obligations also apply to people who have not been found to be refugees.
In addition, while asylum seekers and refugees are in Australian territory (or otherwise subject to Australian law), the Australian Government has obligations under various international treaties to ensure that their human rights are respected and protected. These treaties include the International Covenant on Civil and Political Rights, the International Covenant on Economic, Social and Cultural Rights, the Convention Against Torture and the Convention on the Rights of the Child. These rights include the right not to be arbitrarily detained.

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