Unspeakably present: The (un)acknowledgment of diverse sexuality and gender human rights in Australian youth justice systems

Richards, Kelly & Dwyer, Angela E. (2014) Unspeakably present: The (un)acknowledgment of diverse sexuality and gender human rights in Australian youth justice systems. Australian Journal of Human Rights, 20(2), pp. 63-79.

Abstract

A number of international human rights frameworks protect the rights of young people in contact with the criminal justice system in states parties, including Australia. These frameworks inform youth justice policy in Australia’s jurisdictions. While the frameworks protect young people’s right to non-discrimination on the grounds of ‘race’, religion and political opinion, the rights of young people to non-discrimination on the grounds of sexuality and gender diversity are not explicitly protected. This is problematic given that lesbian, gay, bisexual, trans, intersex and queer (LGBTIQ) young people appear over-represented in youth justice systems. This article argues that the exclusion of this group from human rights frameworks has an important flow-on effect: the marginalisation of the right of LGBTIQ young people to non-discrimination in policy and discourse that is informed by international human rights frameworks. After outlining the relevant frameworks, this article examines the evidence about LGBTIQ young people’s interactions with youth justice agencies, particularly police. The evidence indicates that the human rights of LGBTIQ young people are frequently breached in these interactions. We conclude by arguing that it is timely to consider how best to protect the human rights of LBGTIQ young people and keep their rights on the agenda.

Impact and interest:

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ID Code: 83697
Item Type: Journal Article
Refereed: Yes
Additional URLs:
Keywords: human rights, youth justice, lesbian, gay, bisexual, trans, intersex and queer young people, LGBTIQ, police, detention, courts
ISSN: 1323-238X
Subjects: Australian and New Zealand Standard Research Classification > STUDIES IN HUMAN SOCIETY (160000) > CRIMINOLOGY (160200)
Divisions: Current > Research Centres > Crime & Justice Research Centre
Current > QUT Faculties and Divisions > Faculty of Law
Current > Schools > School of Justice
Deposited On: 20 Apr 2015 23:13
Last Modified: 22 Apr 2015 00:51

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