Download This PaperProtecting Human Rights In Detention: Rights, Monitoring and OPCAT
Alternative Law Journal 41(3) 2016
Monash University Faculty of Law Legal Studies Research Paper No. 2016/10
4 Pages Posted: 7 Nov 2016 Last revised: 7 Dec 2016
Date Written: October 1, 2016
Abstract
People held in detention are inevitably at risk of abuse. The recent Northern Territory revelations only remind us of this reality. Australia’s failure to ratify the UN OPCAT was highlighted in the recent UN Periodic Review: ratification would require comprehensive independent monitoring of all places of detention. Effective monitoring is vital; at the same time it cannot on its own ensure rights protections, and this article argues that both enforceable rights, and robust monitoring, are essential if Australia is to address rights abuses in detention in Australia.
Keywords: Human rights, detention, monitoring, OPCAT
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