4 | 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:
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International Covenant on Civil and Political Rights (ICCPR)
International Covenant on Economic, Social and Cultural Rights (ICESCR)
Convention relating to the Status of Refugees (Refugee Convention)
International Convention on the Elimination of All Forms of Racial
Discrimination (ICERD)
Convention on the Elimination of All Forms of Discrimination against Women
(CEDAW)
Convention against Torture and Other Cruel, Inhuman or Degrading
Treatment or Punishment (CAT)
Optional Protocol to the Convention Against Torture and Other Cruel,
Inhuman or Degrading Treatment or Punishment (OPCAT)
Convention on the Rights of the Child (CRC)
Convention on the Rights of Persons with Disabilities (CRPD).
Australia has a range of specific obligations that are applicable with respect to
refugees and asylum seekers under the Refugee Convention.
Some key obligations relevant to conditions and treatment in immigration
detention include those relating to: security of persons; humane treatment in
detention; freedom from arbitrary detention; freedom from torture and other
cruel, inhuman or degrading treatment or punishment; freedom of movement;
right to privacy; freedom of religion; freedom of expression and association;
right to the highest attainable standard of health; participation in cultural life;
and protection of the family.
YHIDC is a high-security detention facility that is not used to detain children. As
such, standards relating to the detention of children were not applicable to this
inspection.
Further information about the relevant standards can be found in the
Commission publication, Human rights standards for immigration detention.31
Yongah Hill Immigration Detention Centre Inspection Report • 2024 • 19