Mandatory detention of women and children on Nauru and Manus Island has become a long-term, indeterminate, unreviewable and unjust course of action as the Australian Human Rights Commission found in its National Enquiry into Children in Immigration Detention.
Mandatory detention has not been proportionate and just. Australia is required to explore all alternatives to detention prior to detaining a child.
The Convention on the Rights of the Child (CRC) specifically states that children are entitled to prompt and effective review of the legality of detention (article 37(d), CRC; article 9(4) ICCPR).
Unaccompanied children are entitled to special protection (article 20(1), CRC).
The best interests of the child must be a primary consideration in all actions concerning children (article 3(1), CRC). Australia.
PM Turnbull needs to ensure that the detention of unauthorised arrival of children is a measure of last resort and not the first option. As a matter of urgency, please review Australia's immigration detention laws to comply with the Convention on the Rights of the Child.