Human Right Contraventions:
Australia v Brough
Teianee-Kai Breznikar
0061072288
University of Southern Queensland
Running Head: HUMAN RIGHT CONTRAVENTIONS 2
HUMAN RIGHT CONTRAVENTIONS 5
Word Count:
Human Right Contraventions:
Australia v Brough
The Australian government closely participated in the negotiation of the human rights treaties, these were signed and ratified explicitly recognising the rights of everyone. However, contraventions occur and generally involve one or more members of particular groups in society such as the indigenous, people with disabilities, youth and prisoners. A publicly recognized example is the case of Corey Brough. Brough is an juvenile indigenous Australian with a mild intellectual disability. He possesses a partial and limiting communication ability and has been diagnosed with Attention Deficit Disorder. The case entailed solitary confinement for 25 days within an adult facility; subject to isolation, exposed for excessive periods to artificial lighting, left without appropriate clothing or blankets and administered antipsychotic medication without appropriate medical valuation.
UN Source Documents and the Breach
During March 2003,
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However, the HRC had rejected the claims that the administration of anti-psychotic medication to the minor without his consent had breached of Article 7, noting that the medication was prescribed following medical advice with the intention to control the self-destructive behaviour being experienced within the facility. It was concluded that he was therefore entitled to compensation for the ordeal under the convenient and Australia had a responsibility to ensure it did not happen to anyone else (Selected Decisions of the Human Rights Committee Under The Optional Protocol,