IPSC Human Rights Clinic Programs
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Raising the Age of Criminal Responsibility in Australia
The age of criminal responsibility in Australia is currently 10 years old, which means that children as young as 10 can be arrested, charged, and detained for criminal offences. This is one of the lowest ages of criminal responsibility in the world, and it is inconsistent with Australia's obligations under the Convention on the Rights of the Child. There are many reasons why Australia should raise the age of criminal responsibility to at least 14 years old, as recommended by the United Nations Committee on the Rights of the Child and various human rights experts.
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The Bihari Refugees in Bangladesh
The Bihari Refugees in Bangladesh are an Urdu-speaking minority group who migrated from India to East Pakistan (now Bangladesh) after the partition of 1947. They left their homeland of Bihar to escape communal violence and preserve their religious identity. However, they faced discrimination and persecution in Bangladesh, especially during the Liberation War of 1971, when they supported West Pakistan against the Bengali nationalists. Many of them were killed, deported, or stranded in refugee camps, where they still live in poor conditions. They have been denied citizenship rights and access to education, health care, and employment opportunities. Although some of them have been repatriated to Pakistan or granted Bangladeshi citizenship, many of them still struggle to integrate into the society and culture of their host country.
According to local NGOs, around 400,000 Biharis live in camps in Bangladesh, mostly in Dhaka. They lack basic rights, such as education, health care, employment and citizenship. Although the Supreme Court of Bangladesh ruled in 2008 that Biharis are eligible for Bangladeshi citizenship and voting rights , many of them still face challenges in obtaining identity documents, passports and permanent addresses. The Bihari refugees are a marginalized and neglected community in Bangladesh, who need more support and recognition from the government and the international community.
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Urban Refugees In Nepal
Urban refugees are people who seek asylum in urban areas unlike other refugees who live in designtated camps. In Nepal, there are an estimated 2,000 urban refugees from various countries, such as Pakistan, Myanmar, Afghanistan, Sri Lanka and Somalia. They face many challenges and risks, as Nepal is not a party to the 1951 UN Refugee Convention and does not have a domestic asylum legislation. The government of Nepal considers them as illegal immigrants and does not provide them with any legal protection or documentation. They depend on illegal work and none, or minimal UNHCR and its partners for assistance and protection. Their situation remains precarious and uncertain. Some of them have been resettled in third countries, such as Canada and Australia, with the quiet facilitation of the Nepalese authorities, but many others are still waiting for a durable solution. Many are unable to leave Nepal until large sums are paid for unpaid visa fees, often exceeding tens of thousands of US dollars.
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Tibetan Refugees
Tibetan refugees and stateless Tibetans in Nepal are a vulnerable and marginalized group that faces many challenges and risks. They are not recognized as refugees by the Nepalese government, nor do they have any legal status or rights. They live in a state of limbo, unable to access basic services, education, health care, or employment opportunities. They are also subject to harassment, discrimination, and arbitrary arrest by the authorities, who often act under pressure from China. China considers Tibetans as its citizens and views their presence in Nepal as a threat to its sovereignty and security. Tibetans who flee from Tibet to Nepal face a perilous journey across the Himalayas, where they may encounter natural hazards, human traffickers, or Chinese border patrols. Those who manage to reach Nepal are often denied entry or forcibly returned to China, where they may face torture, imprisonment, or worse. Tibetans who live in Nepal have little hope of finding a durable solution to their plight. They cannot return to their homeland, which is under Chinese occupation and repression. They cannot fully integrate into Nepalese society. They cannot resettle in third countries, which have limited quotas and strict criteria for accepting refugees. They are trapped in a state of uncertainty and insecurity, with no clear future or prospects.
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Therapeutic Justice for Indigenous Juveniles in Australia
Reframing the incarceration of Aboriginal youths as a human rights issue is a necessary and urgent step to address the systemic racism and injustice that pervades the Australian criminal justice system. Aboriginal youths are disproportionately represented in prisons, often for minor offences or unpaid fines, and face harsher treatment and conditions than their non-Indigenous peers. This violates their rights to equality, dignity, and self-determination, as well as their cultural and developmental needs. The international community has repeatedly challenged Australia on its failure to protect the rights of Aboriginal youths and to implement the recommendations of the Uluru Statement from the Heart. It is time for Australia to acknowledge its colonial legacy, to listen to the voices of Aboriginal elders and leaders, and to invest in community-based alternatives that support the healing and empowerment of Aboriginal youths.