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All deportation, detention and dispersal of school or pre-school aged
children or those in full time education must stop immediately.
At the heart of this are the priorities of the government. They assert
that the status of the child takes precedence over any other
consideration. In practice, however, children are refugees or asylum
seekers first and children second. Health, security and education are
less important than the need to have a ‘body' available for instant
removal from the country when the Home Secretary deems it appropriate.
The United Kingdom has ratified the UN Convention on the Rights of the
Child which states that: ‘States Parties shall take appropriate measures
to ensure that a child who is seeking refugee status or who is
considered a refugee in accordance with applicable international or
domestic law and procedures shall, whether unaccompanied or accompanied
by his or her parents or by any other person, receive appropriate
protection and humanitarian assistance ….'
However the British Government has entered a general reservation to the
treaty that effectively allows it to put immigration control before the
rights of children seeking asylum. The parliamentary Joint Committee on
Human Rights has stated that this reservation amounts to
‘unjustified discrimination against asylum-seeking children on the
grounds of nationality'
The British Government has stated that this reservation does not
‘prevent children's best interests from being taken into account'.
However, it is clear from independent research that children's interests
are not put before immigration control procedures. A recent report by
Save the Children demonstrates the appalling detention conditions
imposed on children seeking asylum in the UK. They state that there is
‘…the need for an entirely different approach towards children who are
subject to immigration control. One that places their needs and interest
as children at the centre of decision making'.
Similarly, Ann Owers, the Chief
Inspector of prisons, has requested that the government ensure that
‘Children's rights and needs for care and protection are respected and
met in full'.
Clause 11 of the Children Act places an obligation on organisations to
protect the welfare of children. But it excludes the immigration
authorities. Together, these exemptions imply two standards for the
care of children: one standard for Europeans and another for the rest.
The results of this policy are not accidental or tangential collateral
damage. They are the intended outcome. Children are currently detained
in the UK as part of fast track procedures for asylum determination.
Processes for ensuring that there are no obstacles for removal and
that the welfare of children is taken into account in the decision to
detain are not always effective. The disruption to mainstream
schooling during and after detention and the learning environment in
detention has a damaging impact on children's education.
The Home Office still refuses to reveal the number of children in
detention centres or the length of their confinement. Save the
Children estimates that around 2000 children are held in detention
centres each year, for periods of up to 268 days. Equally, there are
no reports on the numbers of young offenders whose age is disputed. A
study of the Cambridgeshire social services found almost half of
age-disputed cases to be under 18 (BBC news); as a consequence,
numerous unaccompanied children who fail to look adequately young
share the same cells with adult detainees.
Asylum seeking children have very limited rights compared to young
offenders. British detention centres have either no educational
facilities or very inadequate services for children. Ann Owers
reported that the safeguards protecting young asylum seekers from
adult detainees are either non-existent or inefficient, while access
to legal advice or local social services in very restricted . Parents
often complain that their children receive very poor diets, that they
suffer from lack of sleep, depression or persistent coughing. Although
the damage to the physical health of young detainees is apparent, the
damage to the children's mental health is impossible to measure and
much more difficult to restore.
Similarly, the Home Office
statistics do not state clearly the numbers of dependant and
unaccompanied children being deported each year. A rough estimate from
the total numbers of deportations, the percentage of dependants and
the percentage of minors amongst dependants indicates that around 1500
children are removed from the country each year. The main destinations
of deportees are Iraq, Serbia Montenegro, Afghanistan, Iran, Turkey,
Nigeria and until recently Zimbabwe. A number of these children were
born here or spent the greatest part of their lives in this country.
Most of these children had formed friendships who were broken and had
their education violently disrupted, while for all of these children
the future will be uncertain in the countries where they are being
deported.
The 'Stop Deporting Children Campaign' demands that the government
puts children's rights and needs before the needs of immigration
control..
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