In the Best Interests of the Child?: An International Human Rights Analysis of the Treatment of Unaccompanied Minors in Australia and the United States

Abstract

Despite their internationally-declared rights, children seeking asylum in the United States and Australia are typically detained for an undetermined period until their immigration status is reviewed. This time period can extend into months or years. In 2001, over 5,000 unaccompanied minors were detained in the United States, and over 1,100 children were detained in Australia. In detention, children face harsh conditions that affect their physical, They are physically abused, and treated like prisoners.

This Note seeks to analyze and critique the treatment of unaccompanied minors seeking asylum in the United States and Australia. Part II of this Note describes the current policies and legal doctrine in refugee and asylum law as they pertain to unaccompanied minors entering into, and already inside, the United States and Australia. Part III describes the actual legal treatment of, or conditions faced by, unaccompanied minors in the United States and Australia. Part IV compares the practices in the United States and Australia to the international law and international agency recommendations which seek to guide the treatment of unaccompanied minors seeking asylum. The comparison reveals that the treatment of unaccompanied minors in both the United States and Australia violates international human rights law pertaining to children and should be redressed immediately. Finally, Part V provides recommendations to guide the United States and Australia in the process of making changes that are vital to the well-being of unaccompanied children fleeing dangerous situations.

Keywords: best interest of child, human rights, unaccompanied minor, deportation, Australia, international