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This is intended to provide legal information only and is no substitute for legal advice. If you wish to take any action arising from matters raised in this publication you should consult a lawyer immediately.
Human rights are the basic rights and freedoms inherent in every person. They are principles about how you should be treated, and are based on respect and dignity.
In some jurisdictions, human rights are recognised in and protected by legislation, often referred to as a “Human Rights Act”, a “Bill of Rights”, or a “Charter of Rights”. In other jurisdictions, where there is no Human Rights Act at all, human rights are not explicitly protected by legislation.
In Australia, there are Human Rights Acts in the Australian Capital Territory (ACT), Victoria and Queensland. There is no Federal Human Rights Act in Australia.
This article discusses some of the human rights that may be relevant in prison with reference to human rights protections under the Human Rights Act 2019 (QLD) in Queensland. The legal information provided in this article is no substitute for legal advice. If you wish to take any action arising from matters raised in this publication you should consult a lawyer in the jurisdiction where you are incarcerated.
In Queensland, the government can lawfully limit or restrict human rights only if it has a good reason and it does so in a reasonable way which can be demonstrably justified in a free and democratic society based on human dignity, equality and freedom. In deciding whether any limitation on a human right is reasonable and justifiable, the relative importance of the limitation should be weighed against the importance of the human right, including whether there are any less restrictive and reasonably available ways to achieve the purpose of the limitation. (s 13 Human Rights Act 2019 (QLD))
The Queensland Human Rights Act states that if you are deprived of your liberty, you must be treated with humanity and respect for your inherent dignity as a human being.
This right may be relevant if you are subject to ill-treatment or harsh prison conditions. For example, this right may be relevant if you are subjected to extended periods in solitary confinement – which is the isolation of a person in a cell for 22 hours or more per day without meaningful human contact.
In the Queensland Human Rights Act, the distinct cultural rights of Aboriginal and Torres Strait Islander people are protected. This includes their right to enjoy, maintain, control, protect and develop their identity, cultural heritage, language, kinship ties and relationship with land and/or waters.
For example, First Nations’ cultural rights can be relevant if you want to attend an important family funeral or Sorry Business in the community, or if you want to be transferred to a different prison in order to be closer to and receive visits from your family.
Human rights are the basic rights and freedoms inherent in every person. They are principles about how you should be treated, and are based on respect and dignity.
In some jurisdictions, human rights are recognised in and protected by legislation, often referred to as a “Human Rights Act”, a “Bill of Rights”, or a “Charter of Rights”. In other jurisdictions, where there is no Human Rights Act at all, human rights are not explicitly protected by legislation.
In Australia, there are Human Rights Acts in the Australian Capital Territory (ACT), Victoria and Queensland. There is no Federal Human Rights Act in Australia.
This article discusses some of the human rights that may be relevant in prison with reference to human rights protections under the Human Rights Act 2019 (QLD) in Queensland. The legal information provided in this article is no substitute for legal advice. If you wish to take any action arising from matters raised in this publication you should consult a lawyer in the jurisdiction where you are incarcerated.
In Queensland, the government can lawfully limit or restrict human rights only if it has a good reason and it does so in a reasonable way which can be demonstrably justified in a free and democratic society based on human dignity, equality and freedom. In deciding whether any limitation on a human right is reasonable and justifiable, the relative importance of the limitation should be weighed against the importance of the human right, including whether there are any less restrictive and reasonably available ways to achieve the purpose of the limitation. (s 13 Human Rights Act 2019 (QLD))
The Queensland Human Rights Act states that if you are deprived of your liberty, you must be treated with humanity and respect for your inherent dignity as a human being.
This right may be relevant if you are subject to ill-treatment or harsh prison conditions. For example, this right may be relevant if you are subjected to extended periods in solitary confinement – which is the isolation of a person in a cell for 22 hours or more per day without meaningful human contact.
In the Queensland Human Rights Act, the distinct cultural rights of Aboriginal and Torres Strait Islander people are protected. This includes their right to enjoy, maintain, control, protect and develop their identity, cultural heritage, language, kinship ties and relationship with land and/or waters.
For example, First Nations’ cultural rights can be relevant if you want to attend an important family funeral or Sorry Business in the community, or if you want to be transferred to a different prison in order to be closer to and receive visits from your family.
The Queensland Human Rights Act provides a right to access health services without discrimination. If you are unable to access the appropriate level of medical care for the seriousness of the medical issue you are experiencing, your right to access health services without discrimination may be affected.
For example, if you need to access essential medicines and you are unable to do so because you are in prison.
Here is a full list of human rights protected in Queensland:
If you wish to make a complaint about a human rights issue in Queensland, please request a copy of PLS’ Human Rights and Discrimination Complaints factsheet.
The Queensland Human Rights Act provides a right to access health services without discrimination. If you are unable to access the appropriate level of medical care for the seriousness of the medical issue you are experiencing, your right to access health services without discrimination may be affected.
For example, if you need to access essential medicines and you are unable to do so because you are in prison.
Here is a full list of human rights protected in Queensland:
If you wish to make a complaint about a human rights issue in Queensland, please request a copy of PLS’ Human Rights and Discrimination Complaints factsheet.
Prisoners’ Legal Service (PLS) is a not-for-profit community legal centre that is dedicated to providing information and advice to people in Queensland prisons. PLS provides information and advice in relation to issues arising from imprisonment, including human rights violations, use of solitary confinement, parole matters, and obtaining access to rehabilitation. Due to high demand for assistance and limited resources, PLS can provided a limited number of people in Queensland prisons with assistance and representation. Eligibility criteria is applied when selecting clients to receive our assistance.
In law, silence is considered a fundamental right that provides fairness in criminal proceedings.
Bail is a promise you can make that you will return to court. It means you can stay in the community (instead of jail) until your legal matters finish. If you are being held in custody and you haven’t been found guilty, you may be able to apply for bail.
Financial counsellors are skilled professionals who provide advice and support to people struggling with bills and debt.
This is the second part of a two-part series on Freedom of Information (or Right to Information) laws. This part discusses ‘review processes’ – that is, what can be done if you are unhappy with the FOI decision, particularly if you were refused information and you think this was incorrect.
In law, silence is considered a fundamental right that provides fairness in criminal proceedings.
I wonder if you could explain the new "No Body No Parole" law in New South Wales, where now people charged with murder or manslaughter need letters from the head of police?
The federal election is coming up. It happens about every three years. It’s for electing the government for the whole country – the federal government.
A parole order will include general and specific conditions. These include getting approval from the relevant authority for any travel interstate, or overseas.
Help us get About Time off the ground. All donations are tax deductible and will be vital in providing an essential resource for people in prison and their loved ones.
Help us get About Time off the ground. All donations are tax deductible and will be vital in providing an essential resource for people in prison and their loved ones.
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