NCJ Number
101298
Journal
Australian and New Zealand Journal of Criminology Volume: 18 Issue: 4 Dated: (December 1985) Pages: 196-205
Date Published
1985
Length
10 pages
Annotation
This article examines the status of prisoners' rights in Australia and discusses why this issue deserves attention.
Abstract
Scrutiny of Australian prison rules and regulations shows that they do not provide clear statements of rights but, rather, detail a variety of restricted concessions or privileges which are subject to forfeiture, revocation, or postponement at the discretion of the administration. Even with respect to such basic matters as food, clothing, accommodation, medical treatment, and safety, the wording of the rules is never in terms of rights. Further, the courts have not addressed the question of what offenders retain after incarceration, nor has there been any legislative attempt at codifying the rights of persons subject to correctional authority. In the sense in which having a right implies social or legal recognition of that right, prisoners in Australia are virtually without rights. Although the denial of rights is generally accepted as a normal part of penal sanctions, the protection of prisoners' rights deserves attention for three reasons: (1) inmates are at the greatest risk of suffering the kinds of harms and deprivations that constitute an infringement of human rights, (2) prisons should serve as examples of the rule of law and have a moral duty to act justly, and (3) imprisonment involves imposing on a highly selective sample of offenders a punishment that is both questionable and severe -- the deprivation of freedom. 24 references.