Protecting the Rights of Children and Young People in Detention: Evaluating Credibility and Effectiveness of Human Rights Monitoring Bodies

Abstract

The need to protect the rights of children and young people in detention is the subject of a recent United Nations study (Nowak 2019) and is highlighted by national and international controversies. This article examines the role of external monitoring in preventing the ill-treatment of children and young people in detention. Australia has until recently shown limited interest in protecting the rights of people in detention, but, in 2017, it finally ratified the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment of Punishment (OPCAT). This article examines Australia’s steps to ensuring the effective monitoring of the rights of people in detention, specifically the rights of children and young people in criminal justice detention. As a federal state, Australia must establish a comprehensive network of monitoring bodies constituting OPCAT’s National Preventive Mechanism across nine jurisdictions and with a range of existing monitoring bodies. This article highlights the importance of the “monitoring of monitoring” to ensure the fair treatment of children and young people in correctional detention. It identifies factors relevant to the effectiveness and credibility of child-centered monitoring processes and analyzes the opportunities for maximizing both in the Australian context and globally.