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Justice Matrix · Case profile

NSW Inspector of Custodial Services Report on Strip Searching Children (2022)

New South Wales, AustraliaInspector of Custodial Services2022
PendingMedium precedent
Strategic issue

What was at stake

Routine strip searching of children in detention

Facts

What happened

Children in detention in New South Wales, particularly Aboriginal children, were routinely subjected to strip searches. This practice occurred even after family visits, raising concerns about their well-being and privacy within the custodial system.

Key holding

What the court decided

Found children routinely strip searched including after family visits. Aboriginal children disproportionately targeted. International law classifies as degrading treatment. Recommended immediate cessation.

Reasoning

How the court got there

The Inspector found that the routine strip searching of children, especially given its disproportionate impact on Aboriginal children and occurrences after family visits, constituted degrading treatment under international law. This classification provided the basis for the recommendation to immediately cease the practice.

Issue areas

Categories

childrenhuman-rightsnswstrip-searching
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