Right to humane treatment in detention

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Introduction | International scrutiny | Commission work | More information  | Comments

Introduction

ICCPR Article 10 states:

1. All persons deprived of their liberty shall be treated with humanity and with respect for the inherent dignity of the human person.
2. (a) Accused persons shall, save in exceptional circumstances, be segregated from convicted persons and shall be subject to separate treatment appropriate to their status as unconvicted persons;
   
   (b) Accused juvenile persons shall be separated from adults and brought as speedily as possible for adjudication.
3. The penitentiary system shall comprise treatment of prisoners the essential aim of which shall be their reformation and social rehabilitation. Juvenile offenders shall be segregated from adults and be accorded treatment appropriate to their age and legal status.

Reservation regarding separation of juveniles and adults

Australia has a reservation in force regarding ICCPR Article 10 as follows

In relation to paragraph 2 (a) the principle of segregation is accepted as an objective to be achieved progressively. In relation to paragraph 2 (b) and 3 (second sentence) the obligation to segregate is accepted only to the extent that such segregation is considered by the responsible authorities to be beneficial to the juveniles or adults concerned

A similar reservation is in force in relation to CRC article 37 as follows:

Australia accepts the general principles of this Article. In relation to the second sentence of paragraph (c), the obligation to separate children from adults in prison is accepted only to the extent that such imprisonment is considered by the responsible authorities to be feasible and consistent with the obligation that children be able to maintain contact with their families, having regard to the geography and demography of Australia.

International scrutiny

• Communications under the Optional Protocol to the ICCPR involving Article 10

International principles

• Human Rights Committee General Comment 9: replaced by General Comment 21: Humane Treatment of Persons Deprived of their Liberty
• United Nations Rules for the protection of juveniles deprived of their liberty
• UN Basic Principles for the Treatment of Prisoners (1990)
• Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment (1988)
• Principles of Medical Ethics relevant to the Role of Health Personnel, particularly Physicians, in the Protection of Prisoners and Detainees against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (1982)

Commission work

Reports

• Reports referring to ICCPR Article 10 

Submissions

• Submissions referring to ICCPR Article 10

Speeches

• Applying Human Rights in Closed Environments: Practical Observations on Monitoring and Oversight Catherine Branson QC, 2012
• Long-term immigration detention and mental health Dr Sev Ozdowski OAM, 2003

More information

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