EXPERIENCES OF ASYLUM SEEKING WOMEN AND THEIR CHILDREN IN UNITED KINGDOM DETENTION FACILITIES: A MATTER FOR RIGHTS ENFORCEMENT

Authors

  • KATE SMITH Doctoral Researcher, and Lead for Asylum Research Practice, The Centre for Applied Childhood Studies, The University of Huddersfield, Queensgate, Huddersfield, HD1 3DH, England, +441484 473237
  • ADELE JONES Professor of Childhood Studies and Director of The Centre for Applied Childhood Studies, The University of Huddersfield, Queensgate, Huddersfield, HD1 3DH, England, +441484 473237

Keywords:

Women, children, gender sensitivity, asylum, detention, United Kingdom.

Abstract

This article examines the detention of asylum seeking women and their children and demonstrates that this practice breaches human rights obligations and undermines the UK’s policies on gender sensitivity and children’s welfare. Case study research was carried out with a small cohort of women with children who had experienced detention during their claim for asylum. Data were analysed thematically. The detention of women and their children who seek asylum is detrimental to mental and physical health and has long term implications for individuals and families. Detention was arbitrary and there was no evidence of the application of gender-sensitive guidelines. Principles of gender-sensitivity are important but when subsumed by politically expedient processes can seem little more than a cosmetic gesture towards women’s and children’s rights. The authors argue that immigration policy itself should be subject to impact assessments for its implications for women and children.

References

Asylum Aid 2011.Unsustainable: the quality of initial decision-making in women’s asylum claims. Asylum Aid, London.

Burnett, J., Carter, J., Evershed, J., Kohli, M.B., Powell, C. and de Wilde, G. 2010.‘State Sponsored Cruelty’: Children in immigration detention.Medical Justice, London.

Carson, A. and Fairbairn, G. 2002.The whole story: towards an ethical research methodology.Nurse Researcher, 10 (1), 15-29.

Cohen, S. 2006.Deportation is freedom. The Orwellian world of immigration controls.Jessica Kingsley, London.

Cornelisse, G. 2010.Immigration detention and human rights: Rethinking territorial sovereignty. Martinus Nijhoff, Netherlands.

Council of Europe. 2010.The detention of asylum seekers and irregular migrants in Europe. Report of the Committee on Migration, Refugees and Population. Doc 12105. Parliamentary Assembly, Council of Europe.

Crawley, H. 2000.Engendering the state in refugee women’s claims for asylum. In Jacobs, S., Jacobson, R. and Marchback, J. (eds), States of conflict. Zed Books Ltd, London, 87-104.

Doucet, A. and Mauthner, N. 2008.What can be known and how? Narrated subjects and the Listening Guide.Qualitative Research, 8 (3), 339-409.

European Convention on Human Rights. 1950.Council of Europe, Rome.

Fazel, M. and Silove, D. 2006.Detention of refugees Australia has given up mandatory detention because it damages detainees mental health.British Medical Journal, 332 (7536), 251-252.

Human Rights Watch [HRW]. 2010.Fast-tracked unfairness: Detention and denial of women asylum seekers in the UK. HRW, London.

Human Rights Watch 2009. Slow Movement: Protection of Migrants Rights in 2009. HRW,New York.

Immigration Law Practitioners Association [ILPA]. 2010. Detained Fast Track. ILPA, London.Independent Monitoring Board [IMB] 2011-2012.Report of the Independent Monitoring Board on the non-residential short term holding facilities at London Heathrow airport for the year February 2011 to January 2012. IMB, London.

Jones, A. 2001.Child Asylum Seekers and Refugees: Rights and Responsibilities. Journal of Social Work, 1 (3), 253-271.

King, N. and Horrocks, C. 2010.Interviews in Qualitative Research.Sage Publications Ltd, London.

Lorek, A., Ehntholt, K,. Nesbitt, A,. Wey, E., Githinji, C., Rossor, E. and Wickramasinghe,R. 2009.The mental and physical health difficulties of children held within a British immigration detention center: A pilot study.Child Abuse & Neglect, 33 (9), 573-585.

Mallock, M.S. and Stanley, E. 2005.The detention of asylum seekers in the UK.Representing risk, managing the dangerous.Punishment and Society, 7 (1), 53-71.

Mcleish, J. 2002Mothers in exile: maternity experiences of asylum seekers in England.Maternity Alliance, London.

Mcleish, J., Cutler, S. and Stancer, C. 2002.A crying shame: Pregnant asylum seekers and their babies in detention.Maternity Alliance, London.

Medical Justice. 2007.Beyond comprehension and decency.Medical Justice, London.

Mynott, E. 2001. Nationalism, racism and immigration control. In Cohen, S., Humphries,B., and Mynott, E. (eds), From immigration controls to welfare controls.Routledge, London, 11-29.

Phelps, J., Alger, T., Beesley, A., Bera, R., Heiyantuduwa, S., Henderson, R., Lam, L.,Smyth, N. and Wood, A. 2009.Detained lives: the real cost of indefinite immigration detention. London Detainee Support Group, London.

Pourgourides, C. 1997.A second exile: the mental health implications of detention of asylum seekers in the UK.Psychiatric Bulletin, 21 (11), 673-674.

Refugee Council. 2012.Not a minor offence: unaccompanied children locked up as part of the asylum system.Refugee Council, London.

Refugee Council 2011.‘Dispersal’ from the Refugee Council glossary of words.Available at: http://www.refugeecouncil.org.uk/glossary/index#MainControl_Glossary_ZoneMain_GlossaryPlaceholderControl1_ctl00_PresentationModeControlsContainer_SECTION_D

Refugee Council 2009.Refugee Council response to the government consultation paper together we can end violence against women and girls.Refugee Council, London.

Refugee Women’s Legal Group [RWLG] 1998.Gender guidelines for the determination of asylum claims in the UK.> RWLG, London.

Silove, D., Steel, Z. and Mollica, R.F. 2001. Detention of asylum seekers: assault on health, human rights, and social development. Lancet, 357 (9266), 1436–1437.

Sinnerbrink, I., Silove, D., Field, A., Steel , Z. and Manicavasagar,V. 1997.Compounding of premigration trauma and post migration stress in asylum seekers. Journal of Psychology, 131 (5), 463-470.

Steel, Z., Silove, D., Momartin, S. and Alzuhairi, B. 2006.Impact of immigration detention and temporary protection on the mental health of refugees.British Journal of Psychiatry, 188, 58-64.

The Children’s Society. 2011.Almost 700 children detained in four months.Press Release: 17 October 2011. Available at: http://www.childrenssociety.org.uk/ newsviews/press-release/almost-700-children-detained-four-months.

United Nations High Commission for Refugees. 2002.Guidelines on international protection no. 1: Gender-related persecution within the context of article 1A (2) of the 1951 Convention and/or its 1967 Protocol Relating to the Status of Refugees.United Nations, New York.

United Nations Human Rights Council. 2010.Promotion and protection of all human rights, civil, political, economic, social and cultural rights, including the right to development.United Nations, New York.

Welch, M. and Schuster, L. 2005.Detention of asylum seekers in the UK and USA: Deciphering noisy and quiet construction.Punishment and Society, 7 (4), 397-417.

Yin, R.K. 1984.Case study research: Design and methods.Sage, Newbury Park, CA.