Indefinite detention of sex offenders and human rights: The intervention of the human rights committee of the United Nations

S. C. Ian Freckelton, Patrick Keyzer

Research output: Contribution to journalArticleResearchpeer-review

7 Citations (Scopus)

Abstract

In 2010 The Human Rights Committee of the United Nations (the UNHCR) made rulings on two "communications" submitted by Australian citizens, Robert Fardon and Ken Tillman, about what they contended was the unlawfulness of their preventive detention in Queensland and New South Wales respectively. The UNHCR upheld their applications and declared their detention unlawful by virtue of its constituting a breach of Article 9, paragraph 1, Article 14, paragraph 1, and Article 15, paragraph 1, of the International Covenant on Civil and Political Rights. The decision has major ramifications for the preventive detention systems in Queensland, New South Wales, Victoria, and Western Australia. It provides a fillip for a new rehabilitative, non-penitential focus for such regimes and raises ethical issues for mental health practitioners currently functioning in and advising in relation to such systems.

Original languageEnglish
Pages (from-to)345-354
Number of pages10
JournalPsychiatry, Psychology and Law
Volume17
Issue number3
DOIs
Publication statusPublished - Aug 2010

Fingerprint

preventive detention
UNHCR
United Nations
offender
UNO
New South Wales
Queensland
human rights
political right
civil rights
Civil Rights
Western Australia
communications
Victoria
mental health
regime
citizen
Ethics
Mental Health
Communication

Cite this

@article{2ccd7449782c4e0ca5422def79e622e9,
title = "Indefinite detention of sex offenders and human rights: The intervention of the human rights committee of the United Nations",
abstract = "In 2010 The Human Rights Committee of the United Nations (the UNHCR) made rulings on two {"}communications{"} submitted by Australian citizens, Robert Fardon and Ken Tillman, about what they contended was the unlawfulness of their preventive detention in Queensland and New South Wales respectively. The UNHCR upheld their applications and declared their detention unlawful by virtue of its constituting a breach of Article 9, paragraph 1, Article 14, paragraph 1, and Article 15, paragraph 1, of the International Covenant on Civil and Political Rights. The decision has major ramifications for the preventive detention systems in Queensland, New South Wales, Victoria, and Western Australia. It provides a fillip for a new rehabilitative, non-penitential focus for such regimes and raises ethical issues for mental health practitioners currently functioning in and advising in relation to such systems.",
author = "{Ian Freckelton}, {S. C.} and Patrick Keyzer",
year = "2010",
month = "8",
doi = "10.1080/13218719.2010.503560",
language = "English",
volume = "17",
pages = "345--354",
journal = "Psychiatry, Psychology and Law",
issn = "1321-8719",
publisher = "Routledge",
number = "3",

}

Indefinite detention of sex offenders and human rights : The intervention of the human rights committee of the United Nations. / Ian Freckelton, S. C.; Keyzer, Patrick.

In: Psychiatry, Psychology and Law, Vol. 17, No. 3, 08.2010, p. 345-354.

Research output: Contribution to journalArticleResearchpeer-review

TY - JOUR

T1 - Indefinite detention of sex offenders and human rights

T2 - The intervention of the human rights committee of the United Nations

AU - Ian Freckelton, S. C.

AU - Keyzer, Patrick

PY - 2010/8

Y1 - 2010/8

N2 - In 2010 The Human Rights Committee of the United Nations (the UNHCR) made rulings on two "communications" submitted by Australian citizens, Robert Fardon and Ken Tillman, about what they contended was the unlawfulness of their preventive detention in Queensland and New South Wales respectively. The UNHCR upheld their applications and declared their detention unlawful by virtue of its constituting a breach of Article 9, paragraph 1, Article 14, paragraph 1, and Article 15, paragraph 1, of the International Covenant on Civil and Political Rights. The decision has major ramifications for the preventive detention systems in Queensland, New South Wales, Victoria, and Western Australia. It provides a fillip for a new rehabilitative, non-penitential focus for such regimes and raises ethical issues for mental health practitioners currently functioning in and advising in relation to such systems.

AB - In 2010 The Human Rights Committee of the United Nations (the UNHCR) made rulings on two "communications" submitted by Australian citizens, Robert Fardon and Ken Tillman, about what they contended was the unlawfulness of their preventive detention in Queensland and New South Wales respectively. The UNHCR upheld their applications and declared their detention unlawful by virtue of its constituting a breach of Article 9, paragraph 1, Article 14, paragraph 1, and Article 15, paragraph 1, of the International Covenant on Civil and Political Rights. The decision has major ramifications for the preventive detention systems in Queensland, New South Wales, Victoria, and Western Australia. It provides a fillip for a new rehabilitative, non-penitential focus for such regimes and raises ethical issues for mental health practitioners currently functioning in and advising in relation to such systems.

UR - http://www.scopus.com/inward/record.url?scp=77954837017&partnerID=8YFLogxK

U2 - 10.1080/13218719.2010.503560

DO - 10.1080/13218719.2010.503560

M3 - Article

VL - 17

SP - 345

EP - 354

JO - Psychiatry, Psychology and Law

JF - Psychiatry, Psychology and Law

SN - 1321-8719

IS - 3

ER -