TY - JOUR
T1 - A critique of the Counter-Terrorism (Temporary Exclusion Orders) Act 2019 (Cth) in light of Australia's obligations under the United Nations Convention on the Rights of the Child
AU - Couzens, Meda
N1 - Publisher Copyright:
© 2022, University of New South Wales Law Journal. All rights reserved.
PY - 2022
Y1 - 2022
N2 - This article challenges the position of the Australian executive that the Counter-Terrorism (Temporary Exclusion Orders) Act 2019 (Cth) is compatible with the United Nations Convention on the Rights of the Child ('CRC'). Placing the discussion in the context of Australian children detained in Kurdish camps in Northern Syria on the ground of their involvement, or their parents' involvement, with Islamic State of Iraq and the Levant, the article contends that the Act does not permit the best interests of the child to be meaningfully taken into consideration (contrary to article 3(1) of the CRC). The article also argues that the Act has negative consequences for nationality rights and rights concerning the protection of the relationship between children and their parents (articles 7-9 and 16 of the CRC).
AB - This article challenges the position of the Australian executive that the Counter-Terrorism (Temporary Exclusion Orders) Act 2019 (Cth) is compatible with the United Nations Convention on the Rights of the Child ('CRC'). Placing the discussion in the context of Australian children detained in Kurdish camps in Northern Syria on the ground of their involvement, or their parents' involvement, with Islamic State of Iraq and the Levant, the article contends that the Act does not permit the best interests of the child to be meaningfully taken into consideration (contrary to article 3(1) of the CRC). The article also argues that the Act has negative consequences for nationality rights and rights concerning the protection of the relationship between children and their parents (articles 7-9 and 16 of the CRC).
UR - https://hdl.handle.net/1959.7/uws:67880
UR - http://www.scopus.com/inward/record.url?scp=85138728679&partnerID=8YFLogxK
U2 - 10.53637/BIQJ7640
DO - 10.53637/BIQJ7640
M3 - Article
SN - 0313-0096
VL - 45
SP - 798
EP - 838
JO - University of New South Wales Law Journal
JF - University of New South Wales Law Journal
IS - 2
ER -