Relevant human rights standards
The following international human rights treaties, which Australia has ratified, contain obligations that are
relevant to the conditions and treatment of people in immigration detention:
l
International Covenant on Civil and Political Rights (ICCPR)
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International Covenant on Economic, Social and Cultural Rights (ICESCR)
l
Convention relating to the Status of Refugees (Refugee Convention)
l
International Convention on the Elimination of All Forms of Racial Discrimination (ICERD)
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Convention on the Elimination of All Forms of Discrimination against Women (CEDAW)
l
Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT)
l
Optional Protocol to the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment
or Punishment (OPCAT)
l
Convention on the Rights of the Child (CRC)
l
Convention on the Rights of Persons with Disabilities (CRPD).
In addressing the specific characteristics and needs of women and transgender persons deprived of their
liberty, the Commission also considered:
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l
l
United Nations Rules for the Treatment of Women Prisoners and Non-custodial Measures for Women
Offenders (Bangkok Rules).
The Principles of the Application of International Human Rights Law in Relation to Sexual Orientation
and Gender Identity (Yogyakarta Principles +10)
The United Nations Standard Minimum Rules for the Treatment of Prisoners (Mandela Rules)
Further information about the relevant standards can be found in the Commission publication, Human rights
standards for immigration detention.62
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Not just an afterthoughtThe experience of women in immigration detention