Locking up the locked up
Solitary confinement of children and young people in Victoria
Bibliographic Data
| ID | 12517865 |
|---|---|
| Authors | Mohamed A Naleemudeen (La Trobe Law School, La Trobe University, Melbourne, Australia), Anita Mackay (0000-0003-4297-9336, La Trobe Law School, La Trobe University, Melbourne, Australia, corresponding author) |
| Year | 2021 |
| Volume | 27 |
| Issue | 1 |
| Pages | 78-96 |
| Publication date | 2021-01-02 |
| 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.2021.1917982 |
| OpenAlex | W3177183870 |
| Language | EN |
| Citations received | 1 |
| References cited | 21 |
Despite being the second Australian jurisdiction to introduce legislative human rights protections in 2006 (Charter of Human Rights and Responsibilities Act (Vic)), Victoria has failed to bring the legislation governing juvenile detention (the Children, Youth and Families Act (Vic)) in line with the human rights protections contained in the Charter. This was brought to the fore with the Victorian Government’s decision to detain children in a precinct in the Barwon adult maximum security prison in late 2016— a decision that the Supreme Court twice ruled breached the rights of the children protected by the Charter (Certain Children decisions 2016 and 2017). This article focuses on the solitary confinement of children and young people (aged 18 to 24 years) as a specific area in which Victorian legislation fails to comply with the Charter and international human rights law, as well as the main practice that has ultimately led to the first court decision concerning the rights of those in closed environments where the Charter has provided an immediate remedy
Charter · Government (linguistics · Human rights · International human rights law · Jurisdiction · Legislation · Legislature · Political science · Supreme court · Child Abuse and Trauma · Child Welfare and Adoption · Homelessness and Social Issues · Law
The Convention on the Rights of the Child
Towards Human Rights Compliance in Australian Prisons
Null
The Australian Human Rights Commission
Juvenile Justice, Young People and Human Rights in Australia
The Best Interests Principle
Article 10(1) of the International Covenant on Civil and Political Rights (ICCPR) and Australian prisons
The U nited N ations Convention on the Rights of the Child
The relevance of the United Nations Mandela Rules for Australian prisons
Protecting Children from Harm in Juvenile Detention
The Treatment of Prisoners under International Law
The Effects of Solitary Confinement on Prison Inmates
| Citations per year | 1 |
|---|---|
| Citation span | 2026 - 2026 (1) |
| Highly cited | No |