25 September 2023

Rights watchdog makes call for kids

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The Australian Human Rights Commission has called on the Federal Government to urgently transfer seriously unwell asylum seeker children and their families from Nauru to Australia.

National Children’s Commissioner, Megan Mitchell said she had noted several recent cases where the Federal Court of Australia had consistently found the health care services currently available on Nauru did not meet the needs of children with complex physical and mental health conditions.

“The safety and wellbeing of children should always be the priority when considering every aspect of decisions that affect them,” Commissioner Mitchell said.

“These obligations under the Convention on the Rights of the Child apply in every setting that involves children.”

She said there was concern that delays in providing treatment might compromise the health of children and potentially place their lives at risk.

Human Rights Commissioner, Edward Santow said that under international law, Australia and Nauru shared joint responsibility for ensuring that the human rights of children and adults subject to third country processing were adequately protected.

“Access to healthcare is a basic human right, regardless of your immigration status,” Commissioner Santow said.

“The Commissioners recommend, in cases where a child’s life may be at risk, transfers to Australia should occur as a matter of urgency and without delay,” he said.

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