Essay Example on Western Australia WA through the Department of Corrective Services

Subsection 3 states prisoners cannot be compelled to join any such programmes or activities PA s 95A CEO has a direct responsibility to ensure all prisoners have access to adequate medical treatment PA s 95C establishes the role of a Chief Health Officers who is required to report directly to the CEO on the state health and hygiene standards with prisons PA s 95E ensures a right to engage in and observe religious practices ii International Standards By ratifying the International Covenant on Civil and Political Rights 1966 ICCPR the Federal Government of Australia undertook an obligation to ensure any person whose rights or freedoms as recognised by the ICCPR are violated shall have an effective remedy 

Within the ICCPR there a several provisions particularly relevant to prisoners ICCPR art 7 the prohibition on torture and cruel inhumane or degrading punishment ICCPR art 10 para 1 the obligation to treat prisoners with humanity and dignity ICCPR art 10 para 2 a the obligation to separate remand from convicted prisoners and ICCPR art 10 para 2 b the obligation to separate juvenile and adult prisoners As it is a treaty the ICCPR has no automatic affect upon domestic Australian law and it has been held by domestic and federal courts that it does not form part of Australian law However if an individual believes any of their rights under the ICCPR have been violated they have a right to petition to the Human Rights Commission of the UN Furthermore in circumstances of uncertainty as to the common law or statutory interpretation Australian courts are increasingly likely to use international instruments to resolve ambiguity Australia is also a signatory to the Convention against Torture and Other Cruel Inhuman or Degrading Treatment or Punishment 1984 Whilst the Standard Minimum Rules for the Treatment of Prisoners developed by the UN does not have treaty status its provisions have guided the formulation of prison practices in Australia None of these guidelines are enforceable via legal mechanisms but they are referenced by those responsible for monitoring prisoner grievances