You are not logged in.

‘Cemented in their cells’: a human rights analysis of Blessington, Elliott and the life imprisonment of children in New South Wales

O'Brien, Wendy and Fitz-Gibbon, Kate 2016, ‘Cemented in their cells’: a human rights analysis of Blessington, Elliott and the life imprisonment of children in New South Wales, Australian journal of human rights, vol. 22, no. 1, pp. 111-133, doi: 10.1080/1323-238X.2016.11882160.

Attached Files
Name Description MIMEType Size Downloads

Title ‘Cemented in their cells’: a human rights analysis of Blessington, Elliott and the life imprisonment of children in New South Wales
Author(s) O'Brien, Wendy
Fitz-Gibbon, Kate
Journal name Australian journal of human rights
Volume number 22
Issue number 1
Start page 111
End page 133
Total pages 23
Publisher Taylor & Francis
Place of publication London, Eng.
Publication date 2016
ISSN 1323-238X
Keyword(s) life without parole
children's rights
sentencing
Bronson Blessington
Matthew Elliott
Janine Balding
Summary In 2010, two Australians, convicted in childhood of rape and murder, lodged a joint submission with the United Nations Human Rights Committee, claiming that successive changes to sentencing legislation in New South Wales breached their human rights by denying them any meaningful prospect of release. In this article, we examine the political, legislative and procedural moves that have resulted in Australian children being sentenced to life without parole or release. We argue that successive legislative changes in various Australian jurisdictions have resulted in a framework for sentencing decisions that is considerably out of step with international legal standards for criminal justice. These increasingly punitive legislative changes exacerbate Australia’s already declining record of cooperation with UN processes, and reveal Australia’s reluctance to respect the legitimacy and authority of international law. Against this troubling context, the views of the Human Rights Committee serve as a much-needed reminder about the importance of a principled approach to child sentencing that forecloses neither the goal of rehabilitation nor the prospect of release and reintegration.
Language eng
DOI 10.1080/1323-238X.2016.11882160
Field of Research 180114 Human Rights Law
1801 Law
1602 Criminology
1608 Sociology
Socio Economic Objective 940499 Justice and the Law not elsewhere classified
HERDC Research category C1 Refereed article in a scholarly journal
Copyright notice ©2016, Taylor & Francis
Persistent URL http://hdl.handle.net/10536/DRO/DU:30083600

Document type: Journal Article
Collection: School of Humanities and Social Sciences
Connect to link resolver
 
Unless expressly stated otherwise, the copyright for items in DRO is owned by the author, with all rights reserved.

Versions
Version Filter Type
Citation counts: TR Web of Science Citation Count  Cited 0 times in TR Web of Science
Scopus Citation Count Cited 0 times in Scopus
Google Scholar Search Google Scholar
Access Statistics: 93 Abstract Views, 1 File Downloads  -  Detailed Statistics
Created: Sat, 21 May 2016, 10:57:03 EST

Every reasonable effort has been made to ensure that permission has been obtained for items included in DRO. If you believe that your rights have been infringed by this repository, please contact drosupport@deakin.edu.au.