Human Rights and Incarceration: Critical Explorations

Description

This collection considers human rights and incarceration in relation to the liberal-democratic states of Australia, New Zealand and the UK. It presents original case-study material on groups that are disproportionately affected by incarceration, including indigenous populations, children, women, those with disabilities, and refugees or ‘non-citizens’. The book considers how and why human rights are eroded, but also how they can be built and sustained through social, creative, cultural, legal, political and personal acts. It establishes the need for pragmatic reforms as well as the abolition of incarceration. Contributors consider what has, or might, work to secure rights for incarcerated populations, and they critically analyse human rights in their legal, socio-cultural, economic and political contexts. In covering this ground, the book presents a re-invigorated vision of human rights in relation to incarceration. After all, human rights are not static principles; they have to be developed, fought over and engaged with. Front Matter ....Pages i-xv Human Rights and Incarceration (Elizabeth Stanley)....Pages 1-23 Children Deprived of Their Liberty on ‘Welfare’ Grounds: A Critical Perspective (Deena Haydon)....Pages 25-52 Rights of Persons with Disability Not to Be Criminalised (Eileen Baldry)....Pages 53-77 Challenging Māori Imprisonment and Human Rights Ritualism (Elizabeth Stanley, Riki Mihaere)....Pages 79-102 Immigration Detention and the Limits of Human Rights (Michael Grewcock)....Pages 103-128 Haunted by the Presence of Death: Prisons, Abolitionism and the Right to Life (David Scott)....Pages 129-151 Human Rights for ‘Hard Cases’: Alternatives to Imprisonment for Serious Offending by Children and Youth (Nessa Lynch)....Pages 153-179 Entrenching Women’s Imprisonment: An Anti-carceral Critique of Rights Based Advocacy and Reform (Bree Carlton, Emma K. Russell)....Pages 181-205 From Conflict to ‘Peace’: The Persistent Impact of Human Rights Violations in Northern Ireland’s Prisons (Phil Scraton)....Pages 207-231 Reconceptualising Custody: Rights, Responsibilities and ‘Imagined Communities’ (Margaret S. Malloch)....Pages 233-255 ‘Stone Walls Do Not a Prison Make’: Bare Life and the Carceral Archipelago in Colonial and Postcolonial Societies (Harry Blagg, Thalia Anthony)....Pages 257-283 Indigenous Rights, Poetry and Decarceration (Tracey McIntosh)....Pages 285-301 Back Matter ....Pages 303-311