Accommodation safety and security Standard Sources Detainees are safe when in their rooms and in communal Treaties: areas of the facility. ICCPR 6, 7, 10; CAT 2, 16. Security measures are appropriate in light of the particular Interpretive instruments: vulnerabilities of persons held in immigration detention SMR 27. (see the Standards on ‘security’). Accommodation is free from hanging points. There is suitable storage for property. Adequate emergency management procedures are in place. special needs Children’s Children should not be held in immigration detention facilities except as a and ‘last resort’ for the appropriate period of In the exceptional case where ‘shortest time’ (CRC 37(b)). children are held in immigration detention facilities, they are owed particular obligations because of their status as children. Decisions to detain children and their families Standard Sources Children are not detained except as a and for Treaties: ‘last resort the shortest appropriate period of CRC 3, 9, 22, 37(b); ICCPR time’. 23, 24(1); ICESCR 10. Children are not separated from parents or primary unless this is in the best interests of the child. Interpretive instruments: UNRPJDL 2, 28; UNHCR Primary care-givers of children are not detained unless Guidelines 9.2; UN they are individually assessed as posing an unacceptable Committee on the Rights of risk to the Australian community and that risk cannot be the Child, General met in a less restrictive way. Comment 6 [31](i); UNHCR Guidelines on Determining Facilities in which children and their families are detained the Best Interests of the have the least restrictive environments possible. Child. Children and their families are accommodated separately from unrelated adults. If a is in doubt, a suitably qualified and young person’s age trained interviewer with the consent of the young person and their guardian or other independent adult conducts an age assessment interview. Any age assessment process applies the principle of the benefit of the doubt and is
Accommodation safety and security Standard Sources Detainees are safe when in their rooms and in communal areas of the facility. Security measures are appropriate in light of the particular vulnerabilities of persons held in immigration detention (see the Standards on ‘security’). Accommodation is free from hanging points. There is suitable storage for property. Adequate emergency management procedures are in place. Treaties: ICCPR 6, 7, 10; CAT 2, 16. Interpretive instruments: SMR 27. Children’s special needs Children should not be held in immigration detention facilities except as a ‘last resort’ and for the ‘shortest appropriate period of time’ (CRC 37(b)). In the exceptional case where children are held in immigration detention facilities, they are owed particular obligations because of their status as children. Decisions to detain children and their families Standard Sources Children are not detained except as a ‘last resort and for the shortest appropriate period of time’. Children are not separated from parents or primary unless this is in the best interests of the child. Primary care-givers of children are not detained unless they are individually assessed as posing an unacceptable risk to the Australian community and that risk cannot be met in a less restrictive way. Facilities in which children and their families are detained have the least restrictive environments possible. Children and their families are accommodated separately from unrelated adults. If a young person’s age is in doubt, a suitably qualified and trained interviewer with the consent of the young person and their guardian or other independent adult conducts an age assessment interview. Any age assessment process applies the principle of the benefit of the doubt and is Treaties: CRC 3, 9, 22, 37(b); ICCPR 23, 24(1); ICESCR 10. Interpretive instruments: UNRPJDL 2, 28; UNHCR Guidelines 9.2; UN Committee on the Rights of the Child, General Comment 6 [31](i); UNHCR Guidelines on Determining the Best Interests of the Child.
human_rights_standards_immigration_detention.docx