States must follow through on our obligations to international treaties in prisons

The Aboriginal and Torres Strait Islander Social Justice Commissioner and the National Children’s Commissioner today criticised the failure of leadership by the Commonwealth, states and territories to incorporate human rights standards into domestic law.   

The criticism comes after Western Australia’s Corrections Commissioner Brad Royce testified at the public hearing of the inquest of 16-year-old Cleveland Dodd on Wednesday. It is being reported he testified that he was bound by State legislation around standards for solitary confinement but not by international treaties to which Australia is a signatory which set out minimum standards for detainees. 

Social Justice Commissioner Katie Kiss said: “Signing international treaties creates a binding obligation, and Australians expect that our governments should follow through on the promises they have made to the world and incorporate human rights standards into our domestic laws. 

“For decades now, losing those we love in custody has been an all-too-common experience for First Nations people in this country. This is another example of how the justice system is broken and needs structural reform.” 

National Children’s Commissioner Anne Hollonds said: “It is not good enough that these international standards are not considered to be binding on those responsible for the operation of prisons. This is deeply troubling and highlights the lack of leadership on human rights in this country. 

“Until we have incorporated into domestic law the human rights protections for children, so there is no question as to the obligations that states have when they assume responsibility for the safety and wellbeing of those detained within their facilities to the status of these protections, we cannot be confident about how vulnerable children will be treated when in the care of corrections or youth justice authorities.” 

ENDS | Media contact: media@humanrights.gov.au or 0457 281 897