Isolating children in detention: Cautioning international comparisons

Research output: Contribution to journalJournal articleResearchpeer-review

Solitary confinement of children is increasingly being challenged in Australian courts, with rulings recently handed down in Victoria, Queensland and Western Australia. Recent international jurisprudence on the harmful practice, and on torture more broadly, stands poised to advance the local cause. This article warns that some international perspectives are outdated, with faulty or politically charged logics, and that, while appearing measured at first sight, reliance on older jurisprudence may ultimately impede progress. Comparative reasoning thus warrants careful consideration, given the complex political (hierarchical, state-deferential), definitional and evidential dynamics (conceiving and substantiating harm, purpose, intention) at play in adjudicating torture and inhuman or degrading treatment.
Original languageEnglish
JournalAlternative Law Journal
Volume48
Issue number3
Pages (from-to)166-171
Number of pages6
ISSN1037-969X
DOIs
Publication statusPublished - 2023

ID: 346674095