A Strategic Framework for Implementing Human Rights in Closed Environments
(2015) 41 Monash University Law Review 218
53 Pages Posted: 3 Dec 2015 Last revised: 12 Jan 2016
Date Written: November 15, 2015
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: Suggested Citation