Australian asylum policies: have they violated the right to health of asylum seekers?

Abstract

Objectives : Notwithstanding recent migration policy amendments, there is concern that Australian asylum policies have disproportionately burdened the health and wellbeing of onshore asylum seekers. There may be a case to be made that Australian governments have been in violation of the right to health of this population. The objective of this paper is to critically examine these issues and assess the implications for public health practice. Methods :The author undertook a review of the recent empirical literature on the health effects of post‐migration stressors arising from Australian policies of immigration detention, temporary protection and the restriction of Medicare to some asylum seekers. This evidence was examined within the context of Australia's international law obligations. Results : Findings reveal that Australian asylum policies of detention, temporary protection and the exclusion of some asylum seekers from Medicare rights have been associated with adverse mental health outcomes for this population. This is attributable to the impact of these policies on accessing health care and the underlying determinants of health for aslyum seekers. Conclusion : It is arguable that Australian Governments have been discriminating against asylum seekers by withholding access on the grounds of their migration status, to health care and to the core determinants of health in this context. In so doing, Australia may have been in violation of its obligation to respect the right to health of this population. Implications : While the ‘right to health’ framework has much to offer public health, it is an undervalued and poorly understood discipline. The author argues for more education, research and advocacy around the intersection between heath and human rights.

Regionalizing Immigration, Health and Inequality: Iraqi Refugees in Australia

“…However, important questions remain on the extent to which humanitarian immigrants and refugees share the same basic rights and entitlements as citizens in relation to accessing social and health care services [4,5]. The asylum policies of successive Australian governments, and the effects of these policies on individual rights and entitlements, are widely documented and continue to be contested in contemporary politics [6]. Further, even immigrants with rights and entitlements can face a range of barriers which limit their access to, and use of, health care services in host countries.…”

“…The planning and implementation of regional refugee resettlement, its administrative structures and processes, service delivery, and its gaps have also been explored [19,20]. Recent studies have investigated the outcomes of regional (re)settlement for the migrants and particularly refugee settlers themselves, related to inclusion, social integration, health and wellbeing, and service support [6,[21][22][23]. In this article, we begin to address a gap in the literature on regional resettlement by exploring factors that render immigrants structurally vulnerable to ill health.…”

“…By the end of the Gulf War in 1991, the size of the Iraqi-born community in Australia was 5186 [25]. Since then, Australia has accepted increasing numbers of Iraqi refugees and asylum seekers, fleeing gross violations of human rights, violence, civil war, socio-economic disasters, life threatening circumstances and destitution, under the rule of Saddam Hussein of the Ba'athist party and following the 2003 invasion [6]. From 2000 until 2010, Iraqi refugees were among the top four nationalities accepted under the Humanitarian Program [24].…”

Asylum seekers' experiences in Australia between 2012 and 2014: The Structural-Personal Interaction Process

“…According to Johnston (2009), Australian detention policy denies asylum seekers the human right to health. A systematic review by Robjant, Hassan and Katona (2009) supports these concerns, identifying ten studies using a range of methods including qualitative clinical judgement; medical assessment according to ICD-10; and formal standardized measurement scales for trauma, depression and anxiety.…”

“…Humanistic considerations in Australia's migration policy are often clouded by considerations regarding economics, security (e.g. border control), political power, public opinion, 39 See Chapter Four for an outline of the ongoing policy changes regarding asylum seekers in Australia. xenophobia, and popularist policies (Johnston 2009;McKay 2011;Silove, Steel and Watters 2000;Spinney and Nethery 2013). To place human experiences at the centre of Australia's asylum seeker policy would be an ambitious, complex, and groundbreaking task.…”