High Court rules in favour of protecting children

"Both sides need to stop using refugee children as a political football"

Plan International Australia welcomes the High Court's ruling that the Australian Government's "Malaysia solution" is legally invalid and cannot be pursued.

As an international development agency concerned with the rights of children, Plan is particularly pleased that the court has reinforced the Immigration Minister's duty of care for the protection of children.

For far too long, Australia's major political parties have sought to outsource compassion, care and protection of refugee children, who are among the world's most vulnerable.

Plan's chief executive, Ian Wishart, says the highly emotive debate about refugees has blinded many people in Australia to our moral and legal obligations to children.

"The United Nations Convention on the Rights of the Child is very clear that refugee children have the right to special protection and care," says Mr Wishart. "Such children must not be held in detention for indefinite periods as this is not in their best interests. Above all, those who hold a duty of care to the children must be able to guarantee that their rights will be upheld.

"Refugee children are among the most vulnerable children in the world. They find themselves in situations that they have not created, removed from the protective systems of culture and local communities, often on the move, and denied access to education and healthcare that will give them a strong foundation for life.

"It is for these and many other reasons that refugee children must be dealt with humanely and with sensitivity. They must not be detained for any more than a short period. They should not and now thankfully cannot be sent to other places where their rights are not protected by law."

Plan hopes that the High Court decision will prompt moves towards a better, legal, humane and compassionate policy towards refugees and their children.

"Both sides need to stop using refugee children as a political football, and embrace this opportunity to develop policies that are compassionate and prioritise the wellbeing of vulnerable children and their families," says Mr Wishart.

"We will watch with considerable concern to see if the next decisions on refugee policy reflect appropriate protection for children."

To speak to Ian Wishart, contact:

David Cook
Media Officer
Plan International Australia
Mobile: 0448 816 900
Email: David.cook@plan.org.au

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