ABSTRACT
This chapter examines Australia's treatment of child asylum-seekers or refugees. It argues that the treatment of the children detained within Australia, and all the others for whom the 'Pacific Solution' has been used, is inhumane, fails to take account of the Crown's responsibilities as parens patriae. It also puts us in breach of our international human rights obligations. Australian laws might be interpreted, adapted, used or changed to protect the rights of children, our international reputation and civil society. In other European countries, independent offices - children's ombudsmen or commissioners - have been established under legislation. Their role is to involve children in government decision-making and to act as watchdogs over children's human rights, and to influence government decision-making and public perceptions of the status and value of children. The Human Rights Act also places requirements on 'public authorities' to act in a way that is compatible with all convention rights.
