A disability aware approach to torture prevention? Australian OPCAT ratification and improved protections for people with disability

Lea, M; Beaupert, F; Bevan, N; Celermajer, D; Gooding, P; Minty, R; Phillips, E; Spivakovsky, C; Steele, L; Wadiwel, DJ; Weller, PJ

A disability aware approach to torture prevention? Australian OPCAT ratification and improved protections for people with disability

Lea, M Beaupert, F Bevan, N Celermajer, D Gooding, P Minty, R Phillips, E Spivakovsky, C Steele, L

Wadiwel, DJ Weller, PJ

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Publication Type:: Journal Article
Citation:: Australian Journal of Human Rights, 2018, 24 (1), pp. 70 - 96
Issue Date:: 2018-01-02

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Field	Value	Language
dc.contributor.author	Lea, M	en_US
dc.contributor.author	Beaupert, F	en_US
dc.contributor.author	Bevan, N	en_US
dc.contributor.author	Celermajer, D	en_US
dc.contributor.author	Gooding, P	en_US
dc.contributor.author	Minty, R	en_US
dc.contributor.author	Phillips, E	en_US
dc.contributor.author	Spivakovsky, C	en_US
dc.contributor.author	Steele, L https://orcid.org/0000-0001-6944-7888	en_US
dc.contributor.author	Wadiwel, DJ	en_US
dc.contributor.author	Weller, PJ	en_US
dc.date.issued	2018-01-02	en_US
dc.identifier.citation	Australian Journal of Human Rights, 2018, 24 (1), pp. 70 - 96	en_US
dc.identifier.issn	1323-238X	en_US
dc.identifier.uri	http://hdl.handle.net/10453/129100
dc.description.abstract	© 2018 Australian Journal of Human Rights. In 2017, Australia ratified the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (OPCAT). Ratification of OPCAT presents a. unique opportunity to highlight the institutional treatment of people with disability i. range of sites of detention within Australia and build on advancing international protections for people with disability, including those articulated in the Convention on the Rights of Persons with Disabilities (CRPD). This article considers the opportunity presented by OPCAT for improving protections for people with disability against torture and ill-treatment. The article argues for an expansive definition of ‘sites of detention’ that is able to encapsulate both disability-specific and mainstream settings in which people with disability may be deprived of their liberty, as well as to address specific practices such as the use of mechanical restraint, chemical restraint and seclusion. Based on an analysis of international National Preventive Mechanism (NPM) models, it is further argued that people with disability, their representative bodies and other civil society actors must be meaningfully involved in NPM processes, including in the monitoring of sites of detention, and the identification of systemic issues affecting people with disability with lived experience of detention.	en_US
dc.relation.ispartof	Australian Journal of Human Rights	en_US
dc.relation.isbasedon	10.1080/1323238X.2018.1441611	en_US
dc.title	A disability aware approach to torture prevention? Australian OPCAT ratification and improved protections for people with disability	en_US
dc.type	Journal Article
utslib.citation.volume	1	en_US
utslib.citation.volume	24	en_US
utslib.for	1801 Law	en_US
utslib.for	1602 Criminology	en_US
utslib.for	1608 Sociology	en_US
pubs.embargo.period	Not known	en_US
pubs.organisational-group	/University of Technology Sydney
pubs.organisational-group	/University of Technology Sydney/Faculty of Law
pubs.organisational-group	/University of Technology Sydney/Strength - HJ - Health Justice
utslib.copyright.status	closed_access
pubs.issue	1	en_US
pubs.publication-status	Published	en_US
pubs.volume	24	en_US

Abstract:

© 2018 Australian Journal of Human Rights. In 2017, Australia ratified the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (OPCAT). Ratification of OPCAT presents a. unique opportunity to highlight the institutional treatment of people with disability i. range of sites of detention within Australia and build on advancing international protections for people with disability, including those articulated in the Convention on the Rights of Persons with Disabilities (CRPD). This article considers the opportunity presented by OPCAT for improving protections for people with disability against torture and ill-treatment. The article argues for an expansive definition of ‘sites of detention’ that is able to encapsulate both disability-specific and mainstream settings in which people with disability may be deprived of their liberty, as well as to address specific practices such as the use of mechanical restraint, chemical restraint and seclusion. Based on an analysis of international National Preventive Mechanism (NPM) models, it is further argued that people with disability, their representative bodies and other civil society actors must be meaningfully involved in NPM processes, including in the monitoring of sites of detention, and the identification of systemic issues affecting people with disability with lived experience of detention.

Please use this identifier to cite or link to this item:

http://hdl.handle.net/10453/129100