International human rights law requires the goal of the prison system to be ‘rehabilitation and social reformation’. The full wording of art 10(3) of the International Covenant on Civil and Political Rights (ICCPR) is, ‘[t]he penitentiary system shall comprise treatment of prisoners the essential aim of which shall be their reformation and social rehabilitation’ (emphasis added).1 This obligation poses three problems, all of which need to be addressed if Australia is to comply with this requirement.
{"title":"The Third Prerequisite: Shift the Focus of Imprisonment to the Goal of Rehabilitation and Restoration","authors":"A. Mackay","doi":"10.22459/thrcap.2020.06","DOIUrl":"https://doi.org/10.22459/thrcap.2020.06","url":null,"abstract":"International human rights law requires the goal of the prison system to be ‘rehabilitation and social reformation’. The full wording of art 10(3) of the International Covenant on Civil and Political Rights (ICCPR) is, ‘[t]he penitentiary system shall comprise treatment of prisoners the essential aim of which shall be their reformation and social rehabilitation’ (emphasis added).1 This obligation poses three problems, all of which need to be addressed if Australia is to comply with this requirement.","PeriodicalId":375196,"journal":{"name":"Towards Human Rights Compliance in Australian Prisons","volume":"22 12 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-11-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126075216","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Perhaps it is for this reason that complaints about deficiencies in the physical conditions within prisons form a large proportion of the international communications to treaty monitoring bodies about the application of human rights law in prisons. Decent prison conditions are important for ensuring an absence of ‘cruel, inhuman or degrading treatment or punishment’ (TCID) (particularly important for compliance with the Optional Protocol to the Convention against Torture and Other
{"title":"The Fifth Prerequisite: Ensure Decent Physical Conditions in All Prisons","authors":"A. Mackay","doi":"10.22459/thrcap.2020.08","DOIUrl":"https://doi.org/10.22459/thrcap.2020.08","url":null,"abstract":"Perhaps it is for this reason that complaints about deficiencies in the physical conditions within prisons form a large proportion of the international communications to treaty monitoring bodies about the application of human rights law in prisons. Decent prison conditions are important for ensuring an absence of ‘cruel, inhuman or degrading treatment or punishment’ (TCID) (particularly important for compliance with the Optional Protocol to the Convention against Torture and Other","PeriodicalId":375196,"journal":{"name":"Towards Human Rights Compliance in Australian Prisons","volume":"22 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-11-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127447103","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The first part of the chapter provides a picture of the prison population in Australia. This includes the statistical profile of the Australian prison population, and an outline of the characteristics of this population and some of the ways it differs from the general population.1 The unifying feature of this distinctiveness is vulnerability: the prison population contains an over-representation of vulnerable segments of the general population, including Indigenous Australians and people with mental health problems and cognitive disability.
{"title":"The Australian Prison Population and Daily Life in Australian Prisons","authors":"A. Mackay","doi":"10.22459/thrcap.2020.01","DOIUrl":"https://doi.org/10.22459/thrcap.2020.01","url":null,"abstract":"The first part of the chapter provides a picture of the prison population in Australia. This includes the statistical profile of the Australian prison population, and an outline of the characteristics of this population and some of the ways it differs from the general population.1 The unifying feature of this distinctiveness is vulnerability: the prison population contains an over-representation of vulnerable segments of the general population, including Indigenous Australians and people with mental health problems and cognitive disability.","PeriodicalId":375196,"journal":{"name":"Towards Human Rights Compliance in Australian Prisons","volume":"34 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-11-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122873109","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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