under which Australia has obligations, that relate
to Koori women in contact with the criminal justice
system include the:
Indigenous Peoples.
opened for signature 19 December 1966, 999 UNTS
171, arts 2, 6, 7, 9, 10, 12, 14, 17, 23, 24, 26, 27
(entered into force 23 March 1976).
Rights, opened for signature 19 December 1966, 999
UNTS 3, arts 2,3,10,12 (entered into force 3 January 1976).
Under this Convention, state parties are obliged to
prevent acts of cruel, inhuman or degrading treatment
or punishment; ensure that education and information
regarding the prohibition against torture and other
cruel, inhuman or degrading treatment or punishment
are included in the training persons that are involved
in the arrest, custody and interrogation, detention
or imprisonment of any individual; and implement
mechanisms to regularly review this. Convention against
Torture and Other Cruel, Inhuman or Degrading Treatment
or Punishment, opened for signature 10 December 1984,
1465 UNTS 85 (entered into force 26 June 1987).
of Racial Discrimination, opened for signature 21
December 1965, 660 UNTS 195 (entered into force on 4
January 1969).
signature 20 November 1989, 1577 UNTS 3 (entered
into force on 2 September 1990).
Convention on the Elimination of All Forms of Discrimination
against Women, opened for signature 18 December 1979,
1249 UNTS 13 (entered into force on 3 September 1981).
UN General Assembly, United Nations Declaration on the
Rights of Indigenous Peoples, Resolution adopted by the
General Assembly, 2 October 2007, A/RES/61/295. The
Declaration does not create new rights. It elaborates upon
existing international human rights norms and principles
as they apply to Indigenous peoples. However, it is one of
the first international instruments to explicitly provide for the
adoption of measures to ensure that Indigenous women
enjoy protection and guarantees against all forms of violence.
Victorians to enjoy their human rights without
discrimination, to equal and effective protection
against discrimination, and to equal protection of
the law.
of particular concern because:
young people are also over-represented in the
youth justice system and in out-of-home care in
Victoria. Both systems act as entry points to the
adult criminal justice system.
trauma. Koori women are among the most
disadvantaged groups in Victoria.
unfair treatment in education, employment,
health and housing exacerbates disadvantage
and contributes to the risk factors driving
more Koori women towards the criminal justice
system.
inside and outside prison.
lead to individual instances of discrimination, or
more endemic problems.
Parliament made significant amendments to the
Bail Act. Among these changes, Aboriginality is
now a factor to be considered when making a
determination for bail.
In addition to equality protections, this will also engage
rights protected at international law, including rights
to health and education. International Covenant on
Economic, Social and Cultural Rights, opened for
signature 19 December 1966, 999 UNTS 3, arts 12, 13
(entered into force 3 January 1976).