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Justice Matrix · Case profile

Children on Remand in QLD Watch Houses (2023)

Queensland, AustraliaQLD Human Rights Commission2023
PendingMedium precedent
Strategic issue

What was at stake

Children held in adult police watch houses

Facts

What happened

Children as young as 10 were held in adult police watch houses in Queensland for extended periods, some for weeks, due to overcrowded youth detention facilities. During their detention, these children were forced to sleep on concrete floors and were deprived of education, exercise, and other basic necessities.

Key holding

What the court decided

Children as young as 10 held in adult police watch houses for weeks due to overcrowded detention. Sleeping on concrete floors without education or exercise. HRC found violation of Human Rights Act.

Reasoning

How the court got there

The Queensland Human Rights Commission determined that the conditions under which the children were held, specifically their detention in adult police watch houses, the lack of education and exercise, and sleeping on concrete floors, constituted a violation of their human rights. The Commission likely found that these conditions failed to meet standards for the care and treatment of children in detention, infringing on their rights as protected under the Human Rights Act 2019 (QLD).

Authorities

Statutes and cases cited

Statutes & treaties
  • § Human Rights Act 2019 (Qld)
  • § Youth Justice Act 1992 (Qld)
  • § United Nations Convention on the Rights of the Child
Issue areas

Categories

human-rightsqueenslandremandwatch-houses
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