Qld prisoners face loss of human rights under proposed law

Prisoners in Queensland are at risk of losing their human rights under a proposed law, sparking concerns from human rights advocates and opposition groups. The Queensland government says it is prioritizing the rights of victims over those of offenders, but critics warn the move could lead to abuse and mistreatment of people behind bars.

Proposed law would exempt prison staff from considering human rights

The proposed law would stop section 58 of the Human Rights Act from applying to decisions about all prisoners, including those on remand. This means the chief executive of Queensland Corrective Services (QCS) and its staff would not have to make decisions that are compatible with human rights or properly consider them.

Queensland Human Rights Commissioner Debbie Platz said if the bill passes in its current form, prisoners would have no basis to complain to Queensland's Human Rights Commission. "This includes people who are imprisoned on remand and who have not been convicted of any crime," she said.

Concerns about abuse and mistreatment

Sisters Inside north Queensland program manager Carissa Daisy said the human rights exemption would also apply to those imprisoned due to non-violent offending. She warned that this could lead to triple bunking, prisoners kept longer in solitary confinement, and restricted access to family visits.

"People in Townsville need to understand that this proposal reaches into our own community," Ms Daisy said. "The government cannot justify stripping protections from an entire prison population by pointing to the people it considers the most frightening."

Ms Daisy said human rights were "not a reward for good behaviour". "A government cannot claim to oppose violence against women while removing protections that women can use to challenge harm in its own prisons," she said. "Women do not stop deserving safety, dignity and care when they are criminalised."

Government response

Corrective Services Minister Laura Gerber defended the exemption, saying officers should not have to carry out extra human rights assessments before taking otherwise lawful action. "The disapplication of section 58 does not authorise otherwise unlawful conduct," she wrote.

Ms Gerber said the government would "always put the rights of victims before the rights of offenders". "That's why we are delivering the strongest parole laws in the nation, which will keep dangerous prisoners behind bars longer and make Queensland safer," she said.

Opposition to the bill

The Queensland Ombudsman and Inspector of Detention Services also opposed the exemption, warning about the "ever-present risk" of abuse and inhumane treatment for those in custodial environments.

The Human Rights Law Centre said the bill should not be passed as it would cause "preventable harm" to prisoners and Aboriginal and Torres Strait Islander people, who were over-represented in the custodial system. "Carving out conduct affecting people in prison and others subject to criminal legal supervision from human rights protections is profoundly dehumanising," its submission read.