LGBT people in prison in Australia and human rights : A critical reflection

Journal article


Walters, Rachel, Antojado, Dwayne, Maycock, Matt and Bartels, Lorana. (2024). LGBT people in prison in Australia and human rights : A critical reflection. Alternative Law Journal. 49(1), p. 40–46. https://doi.org/10.1177/1037969X241231007
AuthorsWalters, Rachel, Antojado, Dwayne, Maycock, Matt and Bartels, Lorana
Abstract

This article examines the human rights protections relevant to lesbian, gay, bisexual and/or transgender (‘LGBT’) people in Australian prisons. We commence by addressing some of the inequalities experienced by incarcerated LGBT people, before outlining the relevant international human rights frameworks and their implementation in Australia. We focus on Victoria as a case study, demonstrating that there are limited provisions for LGBT people in prisons, and these provisions are generally not legally enforceable. We conclude by recommending legislative reforms that would increase protections for a particularly vulnerable cohort in the prison environment and promote compliance with Australia’s obligations under international human rights law.

KeywordsCriminal justice; equality; prisons; lesbian; gay; bisexual; transgender
Year2024
JournalAlternative Law Journal
Journal citation49 (1), p. 40–46
PublisherSage
ISSN1037-969X
Digital Object Identifier (DOI)https://doi.org/10.1177/1037969X241231007
Web address (URL)https://journals.sagepub.com/doi/full/10.1177/1037969X241231007
Open accessPublished as ‘gold’ (paid) open access
Research or scholarlyResearch
Page range40–46
Publisher's version
License
File Access Level
Open
Output statusPublished
Publication dates
Online07 Feb 2024
Publication process dates
AcceptedJan 2024
Deposited10 Apr 2024
Additional information

© The Author(s) 2024.

This article is distributed under the terms of the Creative Commons Attribution 4.0 License ( https://creativecommons.org/licenses/by/4.0/ ) which permits any use, reproduction and distribution of the work without further permission provided the original work is attributed as specified on the SAGE and Open Access page ( https://us.sagepub.com/en-us/nam/open-access-at-sage ).

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License: CC BY 4.0
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