GENEVA - UN experts* today expressed concern that on 14 October, the Australian Parliament failed to vote on two bills aimed at strengthening protections for women and children deprived of liberty.
"It is disappointing that Parliament was not given the opportunity to formally decide on reforms aimed at protecting the dignity, bodily integrity and rights of women and children deprived of liberty," the experts said.
In a recent communication to the Government of Australia, the experts welcomed both legislative initiatives and underscored their importance in advancing Australia's obligations under international human rights law and strengthening protections for some of the most vulnerable people in custodial settings.
"These proposals reflected well-established international human rights standards and responded to concerns that have been repeatedly raised by human rights advocates, legal experts, national inquiries and United Nations mechanisms."
The experts noted with regret that neither bill was ultimately put to a vote despite attracting support from a majority of crossbench parliamentarians.
The experts said the proposed prohibition on shackling women during labour, childbirth and the immediate post-partum period would have brought Australian law closer in line with internationally recognised standards.
"Women deprived of liberty retain their right to dignity, humane treatment and appropriate healthcare," the experts said. "The use of restraints during childbirth can expose women and newborns to unnecessary medical risks, undermine access to medical care and cause profound psychological harm."
The experts reiterated concerns regarding the strip-searching of children, noting that such searches are among the most intrusive measures that can be imposed on a child and may have serious consequences for their dignity, privacy, bodily integrity and mental well-being.
"Children's rights and best interests must be at the centre of all decisions affecting them," the experts said. "Security concerns must be addressed through measures that are necessary, proportionate and the least intrusive means available."
The experts observed that the impacts of these practices may be particularly severe for Aboriginal and Torres Strait Islander women and children, who continue to experience disproportionate contact with criminal justice and detention systems and the intersecting effects of discrimination, overrepresentation in custody and intergenerational trauma.
"The failure of these bills to proceed should not mark the end of efforts to address these longstanding human rights concerns," the experts said. "We encourage Australian authorities and parliamentarians to continue pursuing reforms that prohibit shackling during childbirth and protect children from invasive strip-searching practices."
The experts called on federal, state and territory authorities to strengthen legal safeguards, establish nationally consistent standards and ensure that the treatment of women and children in custody is fully consistent with international human rights law, trauma-informed practice and respect for human dignity.
