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The safety out of individual independence the most fundamental individual rights protections. When you are there are strict legislation in regards to the situations lower than and therefore people individual are deprived out of his or her freedom, internationally laws connection this new detention of children as an especially drastic measure – a point of final resort.

The principle you to definitely detention of kids will be a past resorts (blog post 37(b)) realize on the ‘best interests’ principle (post 3(1)), implies that Australia is required to talk about every solutions so you’re able to detention prior to detaining a young child, no matter the immigration reputation, along with the desires of your own son since a primary thought.

For this reason, Australian continent, as an event to your CRC, gets the obligation to make certain that detaining a kid isn’t the first otherwise only option offered to address a specific coverage or judge problem.