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

Abstract

on the Rights of the Child Author Meda Couzens 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).