A class action case is being brought against the Australian government citing inadequate provision of healthcare for asylum seekers detained on Christmas Island.
The case has been filed with a six year old asylum seeker as the main plaintiff, at Victoria's Supreme Court.
"It seeks compensation for injuries as well as Court orders that the government and the Minister for Immigration provide the medical care that injured asylum seekers require," the law firm Maurice Blackburn, said in a statement.
Many Tamils from the North-East of Sri Lanka are being detained on Christmas Island, after fleeing the country by boat.
The girl, who has been detained for a year, has identified only as AS to preserve her anonymity.
"Since that time she has an ongoing dental infection, allergies, separation anxiety, bed wetting, has developed a stammer and is refusing food. She has been assessed by a child psychiatrist as having Post Traumatic Stress disorder," Maurice Blackburn said.
The principal at the firm, Jacob Varghese, added:
"Our client in this case has had minimal care and treatment for significant health issues. She was separated from her mother for an extended period when she was taken to the mainland to have a baby. In combination with being detained for over a year and having medical and dental issues poorly treated, A.S. is an alarmingly sad and anxious child, with serious mental health issues.
“The government is robbing A.S. of her childhood. The government is robbing far too many kids of their childhoods.
“There is now a substantial body of evidence pointing to widespread failings for people in detention on Christmas Island including poor standard of health care and poor access to any specialist care.
“Too many asylum-seekers health are being severely compromised by being in detention. Doctors who have first-hand experience of what it is like there say services fall well short of standards the Australian community expects. Our claim alleges that the Minister for Immigration and Border Protection has failed in his duty of care to protect the health and wellbeing of asylum seekers held in detention on Christmas Island.
“The Minister and the government have a duty of care that cannot be delegated to agents such as security company Serco or International Health and Medical Services (IHMS).
“If that duty has been breached, as we allege, asylum seekers are entitled to compensation for the injuries and illnesses they have suffered as a result."
Earlier this year, medical experts and academics worldwide expressed their concern over Australia's asylum seeker policies.
See related articles:
Australia's 'cruel' asylum seeker policy slammed by over 190 experts (10 Aug 2014)
Global body of academics condemn Australia's treatment of asylum seekers (14 Jul 2014)
The class action case comes as the legality of detention at sea by the Australian government is also being questioned within the country's judicial system.
See related articles:
Australian High Court to hold special hearing over asylum seekers detention at sea (21 Aug 2014)
Senior judge questions legality of Australian govt asylum seeker procedure (14 Aug 2014)