Indefinite Detention of Sex Offenders and Human Rights: The Intervention of the Human Rights Committee of the United Nations

Psychiatry, Psychology and Law, Vol. 17, No. 3, p. 354, 2010

Monash University Faculty of Law Legal Studies Research Paper No. 74

Posted: 24 Mar 2012  

Ian Richard Freckelton

University of Melbourne

Patrick Keyzer

La Trobe Law School

Date Written: March 20, 2012

Abstract

In 2010 The Human Rights Committee of the United Nations (the UNHCR) made rulings on two “communications” submitted by Australian citizens, Robert Fardon and Ken Tillman, about what they contended was the unlawfulness of their preventive detention in Queensland and New South Wales respectively. The UNHCR upheld their applications and declared their detention unlawful by virtue of its constituting a breach of Article 9, paragraph 1, Article 14, paragraph 1, and Article 15, paragraph 1, of the International Covenant on Civil and Political Rights. The decision has major ramifications for the preventive detention systems in Queensland, New South Wales, Victoria, and Western Australia. It provides a fillip for a new rehabilitative, non-penitential focus for such regimes and raises ethical issues for mental health practitioners currently functioning in and advising in relation to such systems.

Keywords: Human Rights Committee, United Nations, preventative detention, unlawful detention, Internation Covenant on Civil and Political Rights, mental health

JEL Classification: K00, K10, K19, K14, K20, K29, K30, K39, K40, K42, K49

Suggested Citation

Freckelton, Ian Richard and Keyzer, Patrick, Indefinite Detention of Sex Offenders and Human Rights: The Intervention of the Human Rights Committee of the United Nations (March 20, 2012). Psychiatry, Psychology and Law, Vol. 17, No. 3, p. 354, 2010; Monash University Faculty of Law Legal Studies Research Paper No. 74. Available at SSRN: https://ssrn.com/abstract=2026743

Ian Richard Freckelton (Contact Author)

University of Melbourne ( email )

Parkville, Victoria 3010
Australia
61 3 92257666 (Phone)
61 3 99142790 (Fax)

Patrick Keyzer

La Trobe Law School ( email )

La Trobe University
Bundoora, VIC 3083 3142
Australia

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