Towards Human Rights Compliance in Australian Prisons

Imprisoned people have always been vulnerable and in need of human rights protections. The slow but steady growth in the protection of imprisoned people's rights over recent decades in Australia has mostly come from incremental change to prison legislation and common law principles. A radical influe...

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主要作者: Mackay, Anita
格式: Online
語言:英语
出版: ANU Press 2021
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在線閱讀:ONIX_20201203_9781760464011_7
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author Mackay, Anita
author_browse Mackay, Anita
author_facet Mackay, Anita
author_sort Mackay, Anita
collection Directory of Open Access Books
description Imprisoned people have always been vulnerable and in need of human rights protections. The slow but steady growth in the protection of imprisoned people's rights over recent decades in Australia has mostly come from incremental change to prison legislation and common law principles. A radical influence is about to disrupt this slow change. Australian prisons and other closed environments will soon be subject to international inspections by the United Nations Subcommittee on the Prevention of Torture (SPT). This is because the Australian Government ratified the Optional Protocol to the Convention Against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment (OPCAT) in December 2017. Australia’s international human rights law obligations as they apply to prisons are complex and stem from multiple Treaties. This book distils these obligations into five prerequisites for compliance, consistent with the preventive focus of the OPCAT. They are: reduce reliance on imprisonment align domestic legislation with Australia’s international human rights law obligations shift the focus of imprisonment to the goal of rehabilitation and restoration support prison staff to treat imprisoned people in a human rights–consistent manner ensure decent physical conditions in all prisons. Attention to each of these five areas will help all levels of Australian government and prison managers take the steps required to move towards compliance. Human-rights led prison reform is necessary both to improve the lives of imprisoned people and for Australia to achieve compliance with the international human rights legal obligations to which it has voluntarily committed itself.
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publishDate 2021
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spelling doab-20.500.12854ir-365302025-03-17T07:50:56Z Towards Human Rights Compliance in Australian Prisons Mackay, Anita human rights prisons OPCAT international law Mackay thema EDItEUR::J Society and Social Sciences::JP Politics and government::JPS International relations::JPSN International institutions thema EDItEUR::L Law::LB International law thema EDItEUR::L Law::LN Laws of specific jurisdictions and specific areas of law::LNF Criminal law: procedure and offences Imprisoned people have always been vulnerable and in need of human rights protections. The slow but steady growth in the protection of imprisoned people's rights over recent decades in Australia has mostly come from incremental change to prison legislation and common law principles. A radical influence is about to disrupt this slow change. Australian prisons and other closed environments will soon be subject to international inspections by the United Nations Subcommittee on the Prevention of Torture (SPT). This is because the Australian Government ratified the Optional Protocol to the Convention Against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment (OPCAT) in December 2017. Australia’s international human rights law obligations as they apply to prisons are complex and stem from multiple Treaties. This book distils these obligations into five prerequisites for compliance, consistent with the preventive focus of the OPCAT. They are: reduce reliance on imprisonment align domestic legislation with Australia’s international human rights law obligations shift the focus of imprisonment to the goal of rehabilitation and restoration support prison staff to treat imprisoned people in a human rights–consistent manner ensure decent physical conditions in all prisons. Attention to each of these five areas will help all levels of Australian government and prison managers take the steps required to move towards compliance. Human-rights led prison reform is necessary both to improve the lives of imprisoned people and for Australia to achieve compliance with the international human rights legal obligations to which it has voluntarily committed itself. 2021-02-10T14:36:43Z 2021-02-10T14:36:43Z 2020-12-03T10:52:26Z 2020 book ONIX_20201203_9781760464011_7 OCN: 1202767709 https://library.oapen.org/handle/20.500.12657/43143 https://directory.doabooks.org/handle/20.500.12854/36530 eng open access image/jpeg image/jpeg image/jpeg Attribution-NonCommercial-NoDerivatives 4.0 International Attribution-NonCommercial-NoDerivatives 4.0 International Attribution-NonCommercial-NoDerivatives 4.0 International https://library.oapen.org/bitstream/20.500.12657/43143/1/book.pdf https://library.oapen.org/bitstream/20.500.12657/43143/1/book.pdf https://library.oapen.org/bitstream/20.500.12657/43143/1/book.pdf ANU Press ANU Press 10.22459/THRCAP.2020 10.22459/THRCAP.2020 975ba519-3ce2-4517-95bf-b847729fbcf1 ANU Press 368 Canberra open access
spellingShingle human rights
prisons
OPCAT
international law
Mackay
thema EDItEUR::J Society and Social Sciences::JP Politics and government::JPS International relations::JPSN International institutions
thema EDItEUR::L Law::LB International law
thema EDItEUR::L Law::LN Laws of specific jurisdictions and specific areas of law::LNF Criminal law: procedure and offences
Mackay, Anita
Towards Human Rights Compliance in Australian Prisons
title Towards Human Rights Compliance in Australian Prisons
title_full Towards Human Rights Compliance in Australian Prisons
title_fullStr Towards Human Rights Compliance in Australian Prisons
title_full_unstemmed Towards Human Rights Compliance in Australian Prisons
title_short Towards Human Rights Compliance in Australian Prisons
title_sort towards human rights compliance in australian prisons
topic human rights
prisons
OPCAT
international law
Mackay
thema EDItEUR::J Society and Social Sciences::JP Politics and government::JPS International relations::JPSN International institutions
thema EDItEUR::L Law::LB International law
thema EDItEUR::L Law::LN Laws of specific jurisdictions and specific areas of law::LNF Criminal law: procedure and offences
topic_facet human rights
prisons
OPCAT
international law
Mackay
thema EDItEUR::J Society and Social Sciences::JP Politics and government::JPS International relations::JPSN International institutions
thema EDItEUR::L Law::LB International law
thema EDItEUR::L Law::LN Laws of specific jurisdictions and specific areas of law::LNF Criminal law: procedure and offences
url ONIX_20201203_9781760464011_7
work_keys_str_mv AT mackayanita towardshumanrightscomplianceinaustralianprisons