Protecting the rights of children accused of migrant smuggling: lessons from the Australian context
| Autor: | Joseph Lelliott |
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| Rok vydání: | 2018 |
| Předmět: | |
| Zdroj: | Australian Journal of Human Rights. 24:1-19 |
| ISSN: | 2573-573X 1323-238X |
| DOI: | 10.1080/1323238x.2018.1438032 |
| Popis: | Globally, evidence increasingly shows that children act as migrant smugglers. They may fulfi. number of roles in the smuggling process, including as recruiters for smuggling enterprises, guides for smuggled migrants, or crew members of smuggling vessels. Children may participate willingly in such activities, may be intentionally misled, or may otherwise be coerced or forced into certain roles. Their participation in migrant smuggling raises human rights issues for States who apprehend them. For example, in Australia, children arrested and accused of migrant smuggling have been subject to inaccurate age determination procedures, prolonged detention, prosecution, and incarceration in adult correctional facilities. This article examines the Australian context and critically evaluates Australia’s treatment of child smugglers, in order to highlight ways in which States may abrogate the human rights and protection such children are entitled to. It draws on this evaluation to articulat. human-rights-based approach to child smugglers, predicated on international law and best practice, which prioritises human rights and protection over criminal justice objectives. This article argues that children accused of migrant smuggling must be provided certain minimum rights during immigration and criminal justice processes, and are entitled to protection and assistance based on their particular needs and vulnerabilities. |
| Databáze: | OpenAIRE |
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