Anita MacKay Bücher

Imprisoned individuals have long been vulnerable and in need of human rights protections. In Australia, the gradual enhancement of these rights has primarily stemmed from incremental changes in prison legislation and common law. However, a significant shift is on the horizon as Australian prisons will soon undergo international inspections by the United Nations Subcommittee on the Prevention of Torture (SPT), following the government's ratification of the Optional Protocol to the Convention Against Torture in December 2017. Australia's obligations under international human rights law regarding prisons are multifaceted and derived from various treaties. This text outlines five essential prerequisites for compliance, in line with the preventive focus of the OPCAT: reduce reliance on imprisonment; align domestic laws with international human rights obligations; prioritize rehabilitation and restoration in imprisonment; support prison staff in treating incarcerated individuals humanely; and ensure decent physical conditions in all prisons. Addressing these areas will guide Australian governments and prison managers toward compliance. Human-rights led prison reform is crucial for enhancing the lives of imprisoned individuals and for Australia to fulfill its international human rights commitments.