Article 10(1) of the International Covenant on Civil and Political Rights (ICCPR) and Australian prisons
Bibliographic Data
| ID | 12517653 |
|---|---|
| Authors | Anita Mackay (0000-0003-4297-9336, La Trobe Law School, La Trobe University, Melbourne, VIC, Australia, corresponding author) |
| Year | 2017 |
| Volume | 23 |
| Issue | 3 |
| Pages | 368-389 |
| Publication date | 2017-09-02 |
| 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.2017.1397095 |
| OpenAlex | W2775682506 |
| Language | EN |
| Citations received | 5 |
| References cited | 13 |
Article 10(1) of the International Covenant on Civil and Political Rights requires that ‘[a]ll persons deprived of their liberty shall be treated with humanity and with respect for the inherent dignity of the human person’. There is a body of international law that elaborates on its requirements. Article 10(1) and domestic legislation that incorporates this requirement have direct implications for how managers and staff within prisons behave towards those in their custody. In general, Australian prisons do not comply well with these requirements. This article first reviews the intent of Article 10(1) and guidance from the United Nations Human Rights Committee about its operation. Secondly, it reviews relevant Australian legislation and documents a number of ways in which Australian prison practice fails to live up to these standards. Thirdly, it identifies two important barriers to be overcome to address this situation. It concludes that a justice reinvestment approach has the potential to assist Australia towards compliance with Article 10(1)
Covenant · Dignity · Economic Justice · Human rights · International Covenant on Civil and Political Rights · International human rights law · Legislation · Political science · Politics · Prison · Right to property · Sociology · Child Abuse and Trauma · Criminal Justice and Corrections Analysis · Homelessness and Social Issues · Law
Towards Human Rights Compliance in Australian Prisons
Human rights oversight of correctional institutions in Australia
Hyperincarceration and human rights abuses of First Nations children in juvenile detention in Queensland and the Northern Territory
Locking up the locked up
Involving civil society in preventing ill treatment in detention
The Culture of Control
A typology of prison officer approaches to care
The Routledge International Handbook of Criminology and Human Rights
Understanding Prison Staff
Beyond Rehab’ - Where does the Prison Fit
The relevance of the United Nations Mandela Rules for Australian prisons
Tough, Tougher, Toughest
The Promise of Justice Reinvestment
A fresh look at soft law
| Unique citing works | 5 |
|---|---|
| Citations per year | 0.71 |
| Citation span | 2019 - 2024 (6) |
| Citation velocity | recent |
| Highly cited | No |
| Citation types | Neutral: 5 |