Reformative and Rehabilitative Programs for Prisoners with Cognitive Impairments: Australia's International Obligations

(2017) Vol 42(2) Alternative Law Journal 102 - 106

9 Pages Posted: 20 Jun 2018

See all articles by Emma M Henderson

Emma M Henderson

La Trobe Law School

Nicole Shackleton

Royal Melbourne Institute of Technolog (RMIT University)

Stephanie Falconer

La Trobe Law School

Date Written: 2017

Abstract

While there has been much recent controversy relating to the abusive treatment of young prisoners and the failure of the State to properly facilitate the rehabilitation and reformation of young detainees, little attention has been paid to similar failures in relation to prisoners with cognitive impairments. In this article, we argue that Article 10.3 of the International Covenant on Civil and Political Rights and Article 26 of the Convention on the Rights of Persons with Disabilities require Australia to ensure that the conditions of detention of all prisoners are primarily reformative and rehabilitative. Analysing relevant jurisprudence, we argue that Australia is systematically failing to meet its human rights obligations to prisoners found ‘not guilty’ by reason of mental impairment.

Keywords: Northern Territory Criminal Code, human rights, prisoner’s rights, not guilty by reason of mental impairment

Suggested Citation

Henderson, Emma M and Shackleton, Nicole and Falconer, Stephanie, Reformative and Rehabilitative Programs for Prisoners with Cognitive Impairments: Australia's International Obligations (2017). (2017) Vol 42(2) Alternative Law Journal 102 - 106, Available at SSRN: https://ssrn.com/abstract=3039853

Emma M Henderson (Contact Author)

La Trobe Law School ( email )

+613 94791285 (Phone)

Nicole Shackleton

Royal Melbourne Institute of Technolog (RMIT University) ( email )

Melbourne
Australia

Stephanie Falconer

La Trobe Law School

La Trobe University
Bundoora, VIC 3083 3142
Australia

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