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All Journal Indonesia Law Review (ILREV)
Jennifer Whelan, Jennifer
University of New South Wales
Law, Crime, Criminology & Criminal Justice

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Unaccompanied & Denied: Regional Legal Framework for Unaccompanied Minors Asylum Seekers (UMAS) Nordin, Rohaida; Whelan, Jennifer; Aziz, Saidatul Nadia Abd.; Rajagopal, Meerah Deiwi
Indonesia Law Review Vol. 5, No. 3
Publisher : UI Scholars Hub

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Unaccompanied minor asylum seekers are vulnerable and thus, provided special international law protections. However, in reality, they are being mistreated as illegal immigrants and on the receiving end of ethnic violence, discrimination, restrictions in enjoyment of their rights duly recognised by international human rights law. This article identifies legislative, policy and support mechanisms which encompass the minimum UMAS guardianship standards at international law and which are evidence-based from best practice models for the provision of guardians for UMAS internationally. It presents situation of UMAS in relation to human rights violations with emphasis on the legal framework and practices in Australia and five ASEAN State Members. This article also highlights the various stands taken by various countries providing better legal framework and practices regarding the terms for protection and enforcement of human rights for UMAS. Finally, this article provides recommendations for Australia and ASEAN Member States to adopt in order to realise the international human rights of UMAS with respect to guardianship.
Abused and Alone: Legal Redress for Migrant Domestic Workers in Malaysia Whelan, Jennifer; Nordin, Rohaida; Ishak, Ma Kalthum; Matwi, Nursyuhada
Indonesia Law Review Vol. 6, No. 1
Publisher : UI Scholars Hub

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Malaysia’s rapid economic development has relied on Malaysian workers as well as on migrant workers, especially from ASEAN countries and South Asia. The sustained high economic growth rates in Malaysia over approximately three decades caused the increase in migrant workers, who were to meet the rising demand in certain sectors of the Malaysian labour market. The objective of the article is to identify potential opportunities for policy and legislative reform in relation to Malaysia’s implementation of its obligations as a Migrant Domestic Worker (MDW) receiving country specifically in relation to the barriers to MDW bringing claims where their rights have been breached. This article has identified the relevant policy, legislative and support mechanism (NGO and government) landscape in Malaysia regarding the realisation of the rights of migrant domestic workers in Malaysia to bring claims where their rights have been breached; best practice examples of the relevant policy, legislative and support mechanism landscapes in at least 2 ‘best practice’ MDW receiving countries regarding the realisation of the rights of MDW to bring claims where their rights have been breached; and potential opportunities for policy, legislative and support mechanism reform in Malaysia to further enhance the realisation of the rights of MDW in Malaysia specifically in relation to redress mechanisms for breaches of the rights of MDW.
Co-Authors Aziz, Saidatul Nadia Abd. Ishak, Ma Kalthum Matwi, Nursyuhada Meerah Deiwi Rajagopal, Meerah Deiwi Rohaida Nordin, Rohaida