Implementing Opcat through prison monitoring
The relevance of rehabilitation
Bibliographic Data
| ID | 12517634 |
|---|---|
| Authors | BRONWYN NAYLOR (0000-0001-5128-7249, RMIT University, corresponding author), Stan Winford (0000-0002-0702-1942, RMIT University) |
| Year | 2019 |
| Volume | 25 |
| Issue | 1 |
| Pages | 113-129 |
| Publication date | 2019-01-02 |
| Peer Reviewed | Yes |
| Open Access | No |
| Type | ARTICLE |
| Venue | Australian Journal of Human Rights (JOURNAL) |
| Journal identifiers | ISSN: 1323-238X • E-ISSN: 2573-573X |
| Publisher | Taylor & Francis (PUBLISHER • GB) |
| DOI | 10.1080/1323238x.2019.1588060 |
| OpenAlex | W2933608419 |
| Language | EN |
| Citations received | 1 |
| References cited | 15 |
The purposes of imprisonment are always debated but it is expected that people leaving prison are changed such that they do not reoffend: that they are rehabilitated. Indeed the United Nations International Covenant on Civil and Political Rights spells out rehabilitation as the ‘essential aim’ of imprisonment. Rehabilitation in the prison context may involve (for example) provision of education, training, work experience, addressing offending behaviours, and maintaining family contacts. Yet Australian prison statistics show that our prisons are not proving rehabilitative, and specifically are not preventing reoffending. Ratification of the Optional Protocol to the Convention Against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment (OPCAT) requires establishment of comprehensive monitoring frameworks to prevent ‘torture and cruel, inhuman and degrading treatment’ in places of detention. This article examines the scope for the inclusion of rehabilitation in prison monitoring under OPCAT. It makes the argument that the rehabilitative orientation of a prison is linked to the risk of cruel, inhuman and degrading treatment, and that prevention of such treatment requires attention to whether the prison is ‘rehabilitative’. It concludes that Australian jurisdictions should ensure the widest scope for OPCAT monitoring to support the rehabilitative goal of Australian prisons
Criminology · Physical medicine and rehabilitation · Political science · Prison · Relevance (law · Criminal Justice and Corrections Analysis · Healthcare Decision-Making and Restraints · Homelessness and Social Issues · Medicine · Neuroscience · Psychology · Rehabilitation
Rehabilitation
The Culture of Control
Prisons and their Moral Performance
Violence in Prisons
Measurement of prison social climate
Moral performance, inhuman and degrading treatment and prison pain
National Preventive Mechanisms under the Optional Protocol to the Torture Convention
Prisoners’ perceptions of correctional officers’ behavior in English and Dutch prisons
The Optional Protocol to the Convention Against Torture and the Detention of Refugees
The Limits of the Sovereign State
| Unique citing works | 1 |
|---|---|
| Citations per year | 0.17 |
| Citation span | 2020 - 2020 (1) |
| Citation velocity | historical |
| Highly cited | No |
| Citation types | Neutral: 1 |