'Doing Her Time': A Human Rights Analysis of Overcrowding in Brisbane Women's Correctional Centre

Abstract

At the end of 2016, the Queensland Ombudsman released his report ‘Overcrowding at Brisbane Women’s Correctional Centre’. This investigation, alongside reports from the Anti-Discrimination Commission Queensland and Crime and Corruption Commission Queensland reveal that, despite the best efforts of Queensland Correctives Services, there are a number of potential human rights violations that have arisen within Brisbane Women’s Correctional Centre as a result of ongoing overcrowding. As of 27 February 2019, Queensland has become the third Australian state or territory  to pass a human rights Act, 14 years after the Australian Capital Territory introduced the Human Rights Act 2004, and 12 years after Victoria introduced the Charter of Human Rights and Responsibilities Act 2006. In 2019, Australia remains to be the only Western democracy that is yet to introduce a national Act or bill of human rights. This article will consider the potential violations of female prisoners’ human rights inside Queensland’s largest female correctional facility, drawing on case law from Canada, Scotland, and the ECtHR to discuss their potential for recourse under Queensland’s new Human Rights Act 2019.