A Strategic Framework for Implementing Human Rights in Closed Environments

53 Pages Posted: 3 Dec 2015 Last revised: 12 Jan 2016

See all articles by Bronwyn Naylor

Bronwyn Naylor

RMIT University - Graduate School of Business and Law; Monash University - Faculty of Law

Julie Debeljak

Monash University - Faculty of Law

Anita Mackay

La Trobe Law School

Date Written: November 15, 2015

Abstract

The State power to lawfully detain people against their will has serious consequences for those detained, most prominently the curtailment of their human rights. The power to detain carries with it duties to the detainee, both in relation to the conditions in which they are detained and their treatment. Moreover, given the usual vulnerability of detainees, the power imbalances between those detained and those detaining, and the impenetrable nature of secure places of detention, there are inevitable risks of abuse of detainees. This article addresses the issue of protecting the rights of people lawfully detained. It proposes a ‘strategic framework’ for protecting human rights in closed environments comprising a legislated regulatory framework (including international and domestic rights legislation), preventive monitoring mechanisms based on human rights standards, and organisational culture change to embed human rights compliance in daily practices.

Keywords: human rights, detention, regulation, detainees, prisons, immigration detention, culture change

JEL Classification: K14, K23, K33

Suggested Citation

Naylor, Bronwyn and Debeljak, Julie and Mackay, Anita, A Strategic Framework for Implementing Human Rights in Closed Environments (November 15, 2015). (2015) 41 Monash University Law Review 218, Monash University Faculty of Law Legal Studies Research Paper No. 2015/17, Available at SSRN: https://ssrn.com/abstract=2698544

Bronwyn Naylor (Contact Author)

RMIT University - Graduate School of Business and Law ( email )

Melbourne
Australia
+61 3 9925 1297 (Phone)

Monash University - Faculty of Law ( email )

Wellington Road
Clayton, Victoria 3800
Australia

Julie Debeljak

Monash University - Faculty of Law ( email )

Wellington Road
Clayton, Victoria 3800
Australia

Anita Mackay

La Trobe Law School ( email )

La Trobe University
Bundoora, VIC 3083 3142
Australia

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