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Asylum Seekers Analysis

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The Australian legal system is ineffective in the preservation and enforcement of the right to speak freely in regards to the protection of asylum seekers. The Australian legal system has failed to protect this right let alone go too far. This is evident because of one main issue; sexual abuse within detention centres. However, the true issue of why legislation is ineffective is because of social attitudes.
The Australian Border Force Act, 2015 came into effect on the 1st of July. The government upholds their commitment to transparency within government agencies. Thus, Part 6 (Secrecy and disclosure provisions) of the act outlines that: “An entrusted person must not make a record of or disclose protected information unless the making of the …show more content…
67 allegations of child abuse at Nauru detention center, 30 of which are against staff at the facility [Griffiths, 2015], have been submitted to the independent review by former integrity commissioner Philip Mossinquiry. A further 33 asylum seekers report rape or sexual assaulted at the center [Griffiths, 2015]. The Border Force Act 2015, would have severely impeded the progress of this investigation. The World Medical Association has condemned these new secrecy laws. More than 40 doctors, nurses, teachers and humanitarian staff wrote an open letter calling for its amendment. World Medical Association president Dr Xavier Deau and chair Dr Ardis Hoven wrote to Abbott stating: “This we must assume extends to doctors working in refugee centers who report on their observations arising from their work”. Gillian Triggs said: “Physicians have to raise their voice, if necessary publicly, when health conditions of their patients, be those free or in detention, are unacceptable. Even with the intervention of the World Medical Association and doctors, nurses, teachers and humanitarian staff this law is currently in action. Commissioner Roman Quadvlieg suggested that the new law is more about the leaking of classified information and not people “having a right to be outspoken in the community about a range of things.” Yet, it can be easily applied to this situation because of the broad terms …show more content…
Australia is obliged under international law to ensure that laws and policies concerning asylum seekers adhere to the Convention against Torture and Other Cruel, Inhuman and Degrading Treatment or Punishment [Law Council of Australia, n.d.]. Sexual and child abuse more than fits this category of inhuman and degrading treatment. The Border Force Act limits judiciary ability to uphold this agreement. It also disregards the principles of non-refoulement that state: one must “recognise, protect and promote the individual rights of those seeking asylum as protected under the human rights Conventions to which Australia is a party” [Law Council of Australia, n.d.]. Laws must also "recognise, protect and promote the rights of all children seeking protection in Australia... The best interests of the child be a primary consideration” [Law Council of Australia, n.d.]. Rule of Law standards and principles relating to detention as recognized by The Law Council of Australia specify that policy and practice in the detention of asylum seekers be accountable, transparent, and subject to independent monitoring. Yet that is the opposite of what this legislation has done. It hides information on the grounds of national security. But what at detention centers would adversely affect that? Finally, article 10.1 of the ICCPR states that conditions of immigration

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