The Times Australia
The Times News

.
The Times Real Estate

.

With their mother’s Australian citizenship cancelled over alleged ISIS-links, how will NZ deal with her children?

  • Written by Claire Breen, Professor of Law, University of Waikato
With their mother’s Australian citizenship cancelled over alleged ISIS-links, how will NZ deal with her children?

By unilaterally revoking the citizenship[1] of the 26-year-old woman detained in Turkey this week, Australia has potentially left her two children in diplomatic limbo.

Known only as “S.A.” (but named by the ABC[2] as Suhayra Aden from Melbourne), she was the subject of an Interpol blue notice, according to the Turkish Ministry of National Defence, which alleges she was a terrorist with Islamic State.

New Zealand Prime Minister Jacdina Ardern responded sternly[3] to Australia’s actions, saying it amounted to their dumping the problem on New Zealand’s doorstep.

The mother had dual New Zealand and Australian citizenship, but left New Zealand for Australia at the age of six, and travelled to Syria from Australia.

It would now appear Australia is also seeking to shut the door on the two children. To paraphrase the old saying, the sins of the mother are being visited upon the children.

The ‘privileges’ of citizenship

The stripping of citizenship as a counter-terrorism measure seeks to address the threat posed by individuals suspected of, or engaged in, terrorist activity.

It’s a tactic used by many countries to prevent citizens from returning when they’re perceived as a risk to national security.

Read more: New Zealand is violating the rights of its children. Is it time to change the legal definition of age discrimination?[4]

These types of legal balancing acts between an individual’s human rights and national security are not uncommon. As Australian Prime Minister Scott Morrison has stated[5] more prosaically, his job is to protect Australians from terrorists “enjoying privileges” of citizenship.

But that view overlooks the situation of two other individuals. Aged five and under, they are presumably not suspected of terrorist activity. Legally, this raises questions about the justification for limiting their citizenship rights.

Where do the children stand?

In spite of the seeming intractability of the row between the two countries, the situation facing these children needs resolving.

Key to that will be the recognition that children enjoy the same human rights protections as adults under the general framework of international human rights law. They also have particular and specific protection under the UN Convention on the Rights of the Child 1989[6].

Both Australia and New Zealand have accepted these international legal obligations, meaning a number of the provisions of this convention must inform both countries’ decisions in this case.

The convention opens by stating[7] that the family is “the fundamental group of society” and the child should grow up in a family environment[8].

Similarly, involuntary separation[9] is to be avoided, unless it is in the child’s best interests.

The right to a nationality

Children have a right to a nationality[10]. As far as possible, they also have the right to know and be cared for by their parents.

This right is particularly important in the current situation. Children born overseas to Australian citizens can claim Australian citizenship upon application. So too can the children of New Zealanders born overseas.

However, the children of Australian citizens who have had their citizenship revoked can themselves lose[11] their citizenship rights.

The UN Committee on the Rights of the Child[12] highlighted the potential impact on the citizenship of Australian children. It called for Australia to ensure no child is deprived of citizenship on any ground regardless of the status of his or her parents.

Human rights versus national security

The case also raises questions around the balancing of national security and human rights. For the children involved, a number of the convention’s guiding principles[13] underpin these rights.

As part of the prohibition of discrimination[14], states are required to ensure the child is protected against all forms of discrimination or punishment on the basis of the status or activities of the child’s parents.

Read more: 'The Australian government is not listening': how our country is failing to protect its children[15]

The best interests[16] of the child should govern all decisions relating to them, and the child has a right to be heard[17] in all proceedings affecting them.

The child also has the right to life[18], survival and development. Given reports that a third sibling has died[19] of pneumonia, this right and guiding principle[20] takes on real significance.

In essence, then, the rights of the child must inform any decisions about the future of these children. As part of that process, the maintenance of relationships with the wider family unit — if not their mother — is still key and the child’s best interests must be taken into account.

These are rights, not privileges.

References

  1. ^ revoking the citizenship (www.theguardian.com)
  2. ^ named by the ABC (www.abc.net.au)
  3. ^ responded sternly (www.stuff.co.nz)
  4. ^ New Zealand is violating the rights of its children. Is it time to change the legal definition of age discrimination? (theconversation.com)
  5. ^ stated (www.newshub.co.nz)
  6. ^ UN Convention on the Rights of the Child 1989 (www.ohchr.org)
  7. ^ stating (www.ohchr.org)
  8. ^ grow up in a family environment (www.ohchr.org)
  9. ^ involuntary separation (www.ohchr.org)
  10. ^ nationality (www.ohchr.org)
  11. ^ lose (www.legislation.gov.au)
  12. ^ UN Committee on the Rights of the Child (www2.ohchr.org)
  13. ^ guiding principles (docstore.ohchr.org)
  14. ^ prohibition of discrimination (www.ohchr.org)
  15. ^ 'The Australian government is not listening': how our country is failing to protect its children (theconversation.com)
  16. ^ best interests (www.ohchr.org)
  17. ^ right to be heard (www.ohchr.org)
  18. ^ right to life (www.ohchr.org)
  19. ^ third sibling has died (www.abc.net.au)
  20. ^ guiding principle (docstore.ohchr.org)

Read more https://theconversation.com/with-their-mothers-australian-citizenship-cancelled-over-alleged-isis-links-how-will-nz-deal-with-her-children-155385

The Times Features

Why You Need an Expert Electrician for Your Business’s Electrical Upgrades and Repairs

When it comes to maintaining and upgrading your business’s electrical systems, it’s essential to call in a professional. Electrical work in any commercial setting requires the ex...

Why Is It Crucial to Have a Building Inspection Done Before Buying a New Home?

Purchasing a new property is a big financial decision that can impact your future for years. Whether you are a first-time buyer or an investor, good or bad, it is essential to en...

Online Application for Sick Leave Certificate: Understanding When and How to Secure One

A sick leave certificate is an official document issued by a healthcare professional to verify an individual's inability to attend work due to illness. It typically includes the ...

A No-Fuss Guide to an Effective Beauty Routine

Taking care of the skin and appearance need not be complicated; it need not even consume your hours of time. Smart and simple approaches can give one that glow and fresh look witho...

Safe & Effective Tattoo Removal in Auckland – What You Need to Know

If you're looking for tattoo removal in Auckland, modern laser technology offers the safest and most effective way to fade or completely remove unwanted ink. Whether it's an outd...

Fleece-Lined Tights vs. Regular Tights: What’s the Difference?

When temperatures drop, choosing the right pair of tights can make a significant difference in comfort, warmth, and durability. Whether you wear tights for fashion, work, or outdoo...

Times Magazine

The Ultimate Guide to Apple Watch Faces & Trending Wallpapers

In today’s digital world, personalization is everything. Your smartwatch isn’t just a timepiece—it’s an extension of your style. Thanks to innovative third-party developers, customizing your Apple Watch has reached new heights with stunning designs...

The Power of Digital Signage in Modern Marketing

In a fast-paced digital world, businesses must find innovative ways to capture consumer attention. Digital signage has emerged as a powerful solution, offering dynamic and engaging content that attracts and retains customers. From retail stores to ...

Why Cloud Computing Is the Future of IT Infrastructure for Enterprises

Globally, cloud computing is changing the way business organizations manage their IT infrastructure. It offers cheap, flexible and scalable solutions. Cloud technologies are applied in organizations to facilitate procedures and optimize operation...

First Nations Writers Festival

The First Nations Writers Festival (FNWF) is back for its highly anticipated 2025 edition, continuing its mission to celebrate the voices, cultures and traditions of First Nations communities through literature, art and storytelling. Set to take ...

Improving Website Performance with a Cloud VPS

Websites represent the new mantra of success. One slow website may make escape for visitors along with income too. Therefore it's an extra offer to businesses seeking better performance with more scalability and, thus represents an added attracti...

Why You Should Choose Digital Printing for Your Next Project

In the rapidly evolving world of print media, digital printing has emerged as a cornerstone technology that revolutionises how businesses and creative professionals produce printed materials. Offering unparalleled flexibility, speed, and quality, d...

LayBy Shopping