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.
Australia has numerous international human rights law obligations that apply to imprisonment. This thesis uses the Republican Theory of Criminal Justice to connect these requirements with the criminal justice system and formulates six prerequisites for achieving human rights compliance in Australian prisons. They are: 1. Minimal use of imprisonment in accordance with the principle of parsimony in the Republican Theory of Criminal Justice; 2. A human rights legal and regulatory framework because the human rights treaties require domestic incorporation of the rights contained therein; 3. Prioritising rehabilitation and restoration because Article 10(3) of the International Covenant on Civil and Political Rights ('ICCPR') requires the 'essential aim' of prison systems to be 'reformation and social rehabilitation'; 4. Staff duty to treat imprisoned people with respect in order to comply with the Article 10(1) ICCPR requirement that '[a]ll persons deprived of their liberty shall be treated with humanity and with respect for the inherent dignity of the human person'; 5. Decent physical conditions to avoid 'cruel, inhuman or degrading treatment or punishment' as prohibited by a number of treaties, and ensure humane treatment as required by Article 10(1) of the ICCRP; and 6. Independent external monitoring stemming from the international legal requirement for a comprehensive system for inspection of places of detention for the purposes of preventing 'torture and other cruel, inhuman or degrading treatment or punishment', particularly under the Optional Protocol to the Convention Against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment ('OPCAT').The thesis demonstrates that Australia fails to meet any of these prerequisites and, in each case, identifies a country that provides an example of compliance. In many cases the examples of best practice are from the Nordic region. However, the experience of Belgium and the United Kingdom is also relied upon. The use of examples allows the thesis to: (1) assess whether compliance with the particular prerequisite does, in reality, make a difference to prison operations; (2) demonstrate that the prerequisites identified are neither merely theoretical, nor unattainable in practice; and (3) identify specific practices Australia may draw on in seeking to achieve compliance with the prerequisites.This thesis focuses on proactive, rather than reactive mechanisms for protecting the rights of imprisoned people. Existing literature tends to examine case law concerning situations where States have violated their international human rights law obligations to imprisoned people. This thesis, however, starts from a more proactive stand-point. It evaluates what ought to be done to comply with international human rights law obligations, and identifies proactive steps that should be taken to prevent human rights violations from occurring.The thesis makes an original contribution to the understanding of the application of international human rights law in Australian prisons by formulating the prerequisites, identifying examples of best practice in relation to each, and highlighting specific strategies for reforming Australian prisons towards achieving compliance.The statistics, legislation, case law and government reports cited in this thesis are up to date as at 30 July 2014.
A specialized introduction to the philosophy, law and politics of human rights, uniquely tailored to criminologists and criminal justice practitioners. Exploring the connections between existing criminological scholarship and human rights frameworks, the book helps readers to incorporate human rights paradigms into their criminological analysis.
Federal, state, county, and municipal police forces all have their own codes of conduct, yet the ethics of being a police officer remain perplexing and are often difficult to apply in dynamic situations. The police misconduct statistics are staggering and indicate that excessive use of force comprises almost a quarter of misconduct cases, with sexual harassment, fraud/theft, and false arrest being the next most prevalent factors. The ethical issues and dilemmas in criminal justice also reach deep into the legal professions, the structure and administration of justice in society, and the personal characteristics of those in the criminal justice professions. The Encyclopedia of Criminal Justice Ethics includes A to Z entries by experts in the field that explore the scope of ethical decision making and behaviors within the spheres of criminal justice systems, including policing, corrections, courts, forensic science, and policy analysis and research. This two-volume set is available in both print and electronic formats. Features: Entries are authored and signed by experts in the field and conclude with references and further readings, as well as cross references to related entries that guide readers to the next steps in their research journeys. A Reader's Guide groups related entries by broad topic areas and themes, making it easy for readers to quickly identify related entries. A Chronology highlights the development of the field and places material into historical context; a Glossary defines key terms from the fields of law and ethics; and a Resource Guide provides lists of classic books, academic journals, websites and associations focused on criminal justice ethics. Reports and statistics from such sources as the FBI, the United Nations, and the International Criminal Court are included in an appendix. In the electronic version, the Reader's Guide, index, and cross references combine to provide effective search-and-browse capabilities. The Encyclopedia of Criminal Justice Ethics provides a general, non-technical yet comprehensive resource for students who wish to understand the complexities of criminal justice ethics.
All students and advocates of human rights will be interested in this concerted exploration of the human rights moral obligations that fall, not directly on states, but on private and public organisations. Such an approach to human rights opens up the possibility of holding corporations and bureaucracies to account for human rights violations even when they have acted in accordance with the law. This interdisciplinary and international project brings together eminent philosophers, lawyers, social scientists and practitioners to articulate theoretically and develop in practical contexts the moral implications of human rights for non-state actors. What emerges from the book as a whole is a distinctive contemporary vision of the emerging moral impact of human rights and its significance for organisational behaviour and performance.
How do you protect rights without a Bill of Rights? Australia does not have a national bill or charter of rights and looks further away than ever from adopting one. But it does have a range of individual elements sourced from common law, statute and the Constitution which, though unsystematic, do provide Australians with some meaningful rights protection. This book outlines and explains the unique human rights journey of Australia. It moves beyond the criticisms long made of the Australian position – that its 'formalism', 'legalism' and 'exceptionalism' compromise its capacity for rights protection – to consider how the many elements of its novel legal structure operate. This book analyses the interlocking legal framework for the protection of rights in Australia. A key theme of the book is that the many different elements of a fragmented scheme can add up to something significant, albeit with significant gaps and flaws like any other legal rights protection framework. It shows how the jumbled influences of a common law heritage, a written constitution, differing paths taken by jurisdictions within a single federal state, statutory and common law innovations and a strong dose of comparative legal influences have led to the unique patchwork of rights protection in Australia. It will provide valuable reading for all those researching in human rights, constitutional and comparative law.
As of 2007, more than 9.25 million people were imprisoned worldwide. Almost half of the persons imprisoned are in the United States, China and Russia. The United States has more persons in prison per capita than any country in the world. Prisons The World Over offers a comprehensive overview of prison demographics and conditions for each of the following countries: United States, Canada, Argentina, Brazil, France, Germany, Great Britain, Italy, Sweden, Hungary, Poland, Russia, Israel, Egypt, Iran, Nigeria, South Africa, India, China, Japan, and Australia. The book includes reports on the number of prisoners, the rate per population, the percent of female prisoners, the number of penal institutions and their occupancy level, and the number of privately run prisons Also reported are the offenses for which the inmates are interred, the average length of incarceration, the availability of parole, conditions in the prisons, the availability of educational and work programs, provisions for children of female prisoners, the availability and quality of medical care, the characteristics of the prison staff, the visitation rights of prisoners, and the presence and treatment of political prisoners.
The Routledge International Handbook of Criminology and Human Rights brings together a diverse body of work from around the globe and across a wide range of criminological topics and perspectives, united by its critical application of human rights law and principles. This collection explores the interdisciplinary reach of criminology and is the first of its kind to link criminology and human rights. This text is divided into six sections, each with an introduction and an overview provided by one of the editors. The opening section makes an assessment of the current standing of human rights within the discipline. Each of the remaining sections corresponds to a substantive area of harm prevention and social control which together make up the main core of contemporary criminology, namely: criminal law in practice; transitional justice, peacemaking and community safety; policing in all its guises; traditional and emerging approaches to criminal justice; and penality, both within and beyond the prison. This Handbook forms an authoritative foundation on which future teaching and research about human rights and criminology can be built. This multi-disciplinary text is an essential companion for criminologists, sociologists, legal scholars and political scientists.
During the last 100 years infant mortality rates have improved dramatically, yet even in a developed country such as Australia the physical health of infants varies greatly, despite advances in science and technology. It has now become clear that emotional and physical development is affected by many different variables. Not only must physical development and health support be adequate, but the presence of factors such as good-enough parenting, and the absence of others such as substance abuse and domestic violence, are now becoming better understood. So how best to work with families where infants are at risk? This is the substance of this book: to understand how to achieve improved outcomes for infants growing up in situations of risk, mainly in the area of the parents' mental health, but also in other related psychosocial circumstances that may impair parental functioning. These include migration, substance abuse, and infant hospitalisation. Throughout this book, the authors examine the effects of adverse life circumstances on infant and family and, in most cases, also describe assessments and interventions. Several chapters have been written by people personally affected by mental illness, or mental illness of a family member. This provides in-depth and often poignant understanding of the perspective of those living with the effects of such illnesses, and helps to expand our knowledge and skills to work with at-risk families.
Corrections criminology / Sean O'Toole and Simon Eyland --World correctional population trends and issues / Mike Bartlett --Prison populations in Australia / Kyleigh Heggie --Australian coomunity corrections population trends and issues / David Daley --Prisonography : Sources of knowledge and perspectives about prisons / Lucien Lombard --Commissions of inquiry and penal reform / David Brown --Security in correctional systems / Ron Woodham --Privatisation in the corrections industry / Sean O'Toole --Human rights in corrections practice / Brian Tkachuk and Eileen Skinnider --"Good corrections" : implications for leadership and organisational performance / Ole Ingstrup --Inspecting prisons / Richard Harding --Causes and prevention of violence in prisons / Ross Homel and Carleen Thompson --The over-representation of indigenous persons in custody / Bill Anscomb --Risk and responsibilities in women's prisons / Pat Carlen --Managing an ageing prison population / John Dawes --Prisoner health / Michael Levy, Tony Butler, Tony Falconer --Managing mentally ill offenders released from jail - the US experience / Dale Sechrest and Don Josi --Offenders with drug and alcohol dependencies / Maria Kevin --A framework for minimising the incidence of self-harm in prison / Greg Dear --Beyond what works : a retrospective of Robert Martinson's famous article / Rick Sarre --Bridging the gap between prison and the community : post-release support and supervision / Stuart Ross --Prison industries in a time of science-based prison programming / Judy McHutchison --The effect of post-release housing on prisoner re-integration into the community / Eileen Baldry --Ethics and the role of the correctional officer / Anna Grant --Measuring prisons and their moral performance / Alison Liebling --Professionalising the correctional officer : the US perspective / Don A josi and Dale K Sechrest --Human resources analysis of the Australian corrections industry / Sean O'Toole --Towards crime prevention / David Biles --What future for the prison? / Paul Wilson.