guarantees of rights in criminal proceedings
must be observed without discrimination.
section 8 which guarantees that Charter rights are
enjoyed without discrimination.
rights of people to move around freely within
Victoria and choose where they live. If a person is
held on remand or sentenced to imprisonment, this
right is reasonably limited as long as the detention
is in accordance with law.
21) includes the right to be free from arbitrary
arrest or detention, and requires that a person may
only be deprived of his or her liberty in accordance
with procedures established by law.
right to be promptly brought before a court without
unreasonable delay and to be released if this is not
complied with.
can include protection from treatment that amounts
to an affront to human dignity, arousing feelings
of anguish and inferiority capable of humiliating
or debasing the victim. What constitutes such
treatment will depend on all the circumstances,
including the age, sex and health of the person
subject to the treatment. Section 10 may also give
rise to certain positive obligations, including an
obligation to take steps to prevent and minimise the
risk of degrading treatment while in custody.
(section 22) complements the prohibition on torture
and cruel, inhuman and degrading treatment by
protecting those serving custodial sentences
against less severe incidents of ill-treatment and
may encompass the general conditions of detention,
including while on remand or in police custody.
authorities to take positive measures to ensure
detainees are treated with dignity.
(Vic) s 25(2).
(Vic) s 21(3).
Charter of Human Rights and Responsibilities Act 2006
(Vic) s 21(5).
This right is also engaged when a Koori woman is
transported to court or prison and is dependent
upon the conditions in the transport vehicles and the
personal circumstances of the woman; for example, if
she is pregnant.
reference to relevant United Nations instruments
relating to standards in detention, including the
United Nations Standard Minimum Rules for the
Treatment of Prisoners.
government to take appropriate steps to protect the
right to life. For example, Corrections Victoria must
take positive steps to ensure that the person is in
a safe environment while in prison and to ensure
adequate access to health care while in custody.
of the findings of the Royal Commission into
Aboriginal Deaths in Custody, noting the profile
of Koori offenders being at risk in police cell
and prison environments. This means that the
vulnerability of individual Koori women should
be considered when making bail and sentencing
decisions. Vulnerability factors include age, history
of abuse, health status, substance dependence,
and loss of children. These factors should also
be considered by Corrections Victoria when they
are deciding on the classification and placement
of Koori women prisoners, particularly where
prisoners are being placed in management units
(solitary confinement).
including a person's right not to have her or his
privacy, family, home or correspondence unlawfully
or arbitrarily interfered with, and the right not to
have their reputation unlawfully attacked. This
right is not limited to the handling of personal
information, but is also engaged when police
interact with the community, including through
stops and arrests, and when people are in prison.
The right protects that part of life that is `private'
and the person's reputation from unlawful and
arbitrary interference by public authorities.
(section 17), including protection of the best
interests of the child and recognition that families
are entitled to protection. This right requires public
authorities to consider the best interests of families
and children involved in a situation when they are
making a decision. The right is also engaged when
public authorities are putting in place policies and
services that could either support or have a negative
impact on family relations and the best interests of
children. The protection of family life includes the
kinship structures of the Koori community.
Treatment of Prisoners ESC Res 2076/62, UN ESCOR,
U.N. Doc E/5988 (1977). See also Standard Guidelines
for Corrections in Australia (2004).