1. Law Human Rights and Respect in Prisons Implementing Human Rights in Closed Environments Conference Dr Bronwyn Naylor Associate Professor, Law Faculty, Monash University, Victoria

2. The research question  How can Human Rights be made part of the day to day practices of people running and living in closed environments? 28th February 2011Presentation title2

3. The prison-based research Victoria and Western Australia Policy makers – interviews Prison Governors – interviews Staff – surveys Prisoners – focus groups Questions: -Identifying important rights -Current practices/ policies -Culture change and training (management) 28th February 2011Presentation title3

4. Some preliminary themes – the prisoner voice ‘ We are in gaol but...’  Family visits  Prison conditions  Respect Health care; staff relations; cultural understanding  Effective grievance and enforcement avenues 28th February 2011Presentation title4

5. Family visits and contact –Not being able to touch/hug –Strip searches –Indigenous prisoner being held ‘out of country’ –Visitors being treated disrespectfully in some prisons There should be a ‘Right for your visitors to be treated humanely’ –In other prisons – good facilities for family interaction: ‘you feel like you’re out in society’ 28th February 2011Presentation title5

6. Prison conditions –Overcrowding –Double bunking, smokers and non-smokers –Heating/ cooling; airconditioning for staff but not prisoners in hot climates –Court custody conditions Food; medication; facilities Ombudsman reports Consequent difficulties in focussing on court case 28th February 2011Presentation title6

7. Respect and humane treatment  Health care  Quality of medical treatment in prisons;  Access to own medical records  Access to specialist treatment outside prisons  Treatment with respect when attending outside appointments  Impact of overcrowding – multiple impacts 28th February 2011Presentation title7

8.  Staff relations  Cultural understanding – sense of discrimination amongst Indigenous prisoners. –Indigenous practice –Attendance at funerals –Eating habits A ‘right not to be grossly humiliated in front of others’. Presentation title8

9. Effective complaints enforcement avenues  Clear rights with clear avenues  Avenues that can produce results  Safe avenues – no recriminations  Prisoner rep meetings with Governor –‘it makes you feel like, well, he acknowledges that we have some rights...’  Prisoners involved in new staff induction – seen as leading to more respectful relations with that cohort. 28th February 2011Presentation title9

10. The meaning of ‘human rights’  Meanings –A ‘rights’ claim with international legitimacy (prisoner) –A threat/lever to use to obtain response (prisoner) –An extra compliance requirement (staff) –A claim to unmerited entitlement (staff); –Staff rights being overridden by prisoner rights (staff); –Meaningless – ‘security always wins’ (prisoner) –Meaningless – no means of enforcement (prisoner); –Increased formal access to management but only for unchallenging requests (prisoner) 28th February 2011Presentation title10

11.  Language – ‘Human Rights’ language not initially recognised by prisoners  Language - ‘Healthy Prisons’ (posters in Victorian prison)  Language – ‘choose respect’ (sign in regional WA prison)  Disconnect between ‘human rights’ and management language and the practical meaning of being treated with respect  Prisoner access to human rights information – some prisons provide; others query prisoner request for information. 28th February 2011Presentation title11

12.  It’s not like outside... [there] if you brush it off, two minutes later you go on your way. [Here] you’re constantly thinking about [it] think all day every day.  ‘You need somewhere to let off steam – there is no privacy.’  In the end - ‘I’m still human.’ 28th February 2011Presentation title12