Unaccompanied & Denied: Regional Legal Framework for Unaccompanied Minors Asylum Seekers (UMAS)

Indonesia Law Review. 2015;5(3):257-275 DOI 10.15742/ilrev.v5n3.186

 

Journal Homepage

Journal Title: Indonesia Law Review

ISSN: 2088-8430 (Print); 2356-2129 (Online)

Publisher: Universitas Indonesia

Society/Institution: Djokosoetono Research Center Fakultas Hukum Universitas Indonesia

LCC Subject Category: Law

Country of publisher: Indonesia

Language of fulltext: English

Full-text formats available: PDF

 

AUTHORS

Rohaida Nordin (Faculty of Law Universiti Kebangsaan Malaysia)
Jennifer Whelan (Human Rights Clinic, University of New South Wales)
Saidatul Nadia Abd Aziz (Faculty of Law, INTI International University of Malaysia)
Meerah Deiwi Rajagopal (Faculty of Law, INTI International University of Malaysia)
Izza Munirah Mansor
Marianne Touma (Human Rights Clinic, University of New South Wales)
Max Ralton (Human Rights Clinic, University of New South Wales)

EDITORIAL INFORMATION

Double blind peer review

Editorial Board

Instructions for authors

Time From Submission to Publication: 14 weeks

 

Abstract | Full Text

Unaccompanied minor asylum seekers are vulnerable and thus, provided special international law protections. However, in reality, they are being mistreated as illegal immigrants and on the<br />receiving end of ethnic violence, discrimination, restrictions in enjoyment of their rights duly recognised by international human rights law. This article identifies legislative, policy and support<br />mechanisms which encompass the minimum UMAS guardianship standards at international law and which are evidence-based from best practice models for the provision of guardians for UMAS<br />internationally. It presents situation of UMAS in relation to human rights violations with emphasis on the legal framework and practices in Australia and five ASEAN State Members. This article also highlights the various stands taken by various countries providing better legal framework and practices regarding the terms for protection and enforcement of human rights for UMAS. Finally, this article provides recommendations for Australia and ASEAN Member States to adopt in order to realise the international human rights of UMAS with respect to guardianship.