Google AI


Modern Australian

Strip searches in prison are traumatising breaches of human rights. So, why are governments still allowing them?

  • Written by: Andreea Lachsz, PhD Candidate, University of Technology Sydney

Content warning: This article contains details readers may find distressing including discussion of excessive or gratuitous violence, abuse and mental illness.

In December, the Victorian Court of Appeal found certain routine strip searches in prison breach human rights to privacy and dignity in detention. The decision highlights how traumatising, unnecessary and degrading the routine practice of strip searching people can be.

In Victoria’s prisons, strip searches involve forcing a person to remove their clothing, stand with their legs apart and bend over in full view of prison guards. There is some variation in strip-searching processes in other states and territories.

Throughout Australia, police and prison officials conduct strip searches as a matter of routine. They are commonly conducted upon entry into custody, after legal and family visits and hearings, when moving between secure locations or before drug testing.

For Aboriginal and Torres Strait Islander people, who are more likely to be policed, imprisoned, subjected to abuses of power and violence within prisons, and strip searched, the court’s decision is important. Victoria’s criminal and legal systems are built on Australia’s violent colonial history, and routine strip searches are a modern form of this violence.

The Victorian Court of Appeal case is an opportunity for real systemic reform. The Victorian government must now decide whether it will maintain this violent practice.

Read more: Excessive strip-searching shines light on discrimination of Aboriginal women in the criminal justice system

The case of Thompson v Minogue

In 2020, Dr Craig Minogue successfully challenged a prison order that he submit to a urine test and routine strip search before that test. In the Supreme Court, Minogue successfully argued this direction was in breach of his rights to privacy and dignity in detention. The state of Victoria appealed.

The Victorian Aboriginal Legal Service (VALS) was granted leave to intervene in the appeal as a “friend of the court” to make written and oral submissions.. Although Minogue is not Aboriginal or Torres Strait Islander, VALS believed it was critical to provide the court information on the harmful impact of strip searching and urine testing on First Nations people.

The Victorian Court of Appeal upheld the Supreme Court’s ruling that routine strip searches prior to urine testing breached Minogue’s human rights and the government did not properly consider human rights when making strip-searching policies.

The Court found these routine strip searches were “extremely invasive and demeaning” procedures which can constitute “a severe limitation upon […] privacy and dignity rights”.

Both the Supreme Court and Court of Appeal found the government did not back up its claims that routine strip searches prior to urine tests were necessary or effective. The government did not sufficiently explain why pre-existing and less harmful alternatives, such as x-ray body scanners, were not used.

However, the Court of Appeal reversed the Supreme Court’s decision on urine testing and found this procedure did not breach Minogue’s human rights. Minogue has sought to appeal this aspect of the decision to the High Court.

Now, it is up to the Victorian government to decide whether it will implement changes to strip-search policies and laws to end this practice across all police stations and prisons.

Read more: Dragging its feet on torture prevention: Australia’s international shame

The human rights of people in prison

Evidence and data in Australia show strip searches are often over-used, ineffective in uncovering contraband and unnecessary. Strip searches are also prone to being a tool for abuses of power and misconduct.

A 2021 IBAC report exposed serious misconduct in the management and conducting of strip searches in Victoria. Staff were unfamiliar with human rights standards and prisons did not properly investigate complaints about inappropriate searches.

The general manager of Port Phillip Prison was reported to have said strip searches were “one of the options available to assert control” over people in prison. Reports from other states tell the same story of unlawful searches being used to degrade and humiliate prisoners.

Under both the Victorian human rights charter and international law, people in prison are entitled to the same human rights as those outside of prison. This includes a right to privacy, including bodily and psychological autonomy, and to be treated with humanity and respect.

International law dictates that, given the harmful impact of strip searches, alternatives such as x-ray scanners should instead be used in prisons.

Independent scrutiny of human rights in prisons is also vital, including preventive oversight under the UN Optional Protocol to the Convention against Torture (OPCAT). Australia has ratified this protocol, but has missed the January 20, 2022, deadline to meet its obligations to set up an independent oversight system of places of detention.

Strip searches are inherently harmful

There is evidence Aboriginal people are subjected to disproportionate rates of strip searching. Many Aboriginal people who are incarcerated have disabilities and histories of trauma. Strip searches can compound this trauma and impede a person’s ability to recover and heal.

In a 2016 Four Corners episode, entitled Australia’s Shame, footage was shown of a young Aboriginal child in the Northern Territory being stripped naked. This horrified Australians and led to a royal commission.

Years later, however, it is still lawful in Victoria and other states and territories to subject Aboriginal children to traumatic strip searches.

A prisoner pinned down by four corrections officers and hit in the head during a strip search.
A prisoner pinned down by four Melbourne corrections officers and hit in the head during a strip search in 2007. Ombudsman Victoria/AAP image

The evidence is indisputable – strip searches do not work, are inherently harmful, and disproportionately impact Aboriginal people.

Rather than persist with this archaic practice, all Australian governments must end the use of strip searches.

Authors: Andreea Lachsz, PhD Candidate, University of Technology Sydney

Read more https://theconversation.com/strip-searches-in-prison-are-traumatising-breaches-of-human-rights-so-why-are-governments-still-allowing-them-174463

Pool and Deck Design: How to Plan the Perfect Outdoor Living Space for Your Sydney Home

For many Australians, the backyard is where life happens. Summer barbecues, weekend swims and long evenings outdoors are all part of the lifestyle, ...

Is Solar Pool Heating Worth It? What Sydney Homeowners Should Know

There's nothing quite like a backyard pool on a hot Sydney day. But once autumn rolls in, many pools sit unused for months because the water is simp...

Planning a Luxury House Move: A Week-by-Week Timeline for Prestige Sydney Homes

Selling or buying a prestige home is a major milestone. Whether it's a waterfront residence in Birchgrove, a grand Federation home in Haberfield or ...

Downsizing or Upgrading Your Caravan? Here's How to Sell It Without the Hassle

Selling a caravan can feel like a major task, especially when you are unsure about its value, paperwork, or how to find a buyer. Whether you are dow...

The Best Overseas Adventure Holidays for Australians Who Love the Outdoors

Australia offers no shortage of incredible outdoor experiences, but sometimes the best way to satisfy your sense of adventure is to head overseas. A...

Cape Town Wine Shuttle: Winelands Tasting & Tours

Embark on an unforgettable journey through the picturesque Cape Winelands, where world-class wines and breathtaking scenery await. Our Cape Town Win...

Why Giant Rats Tail Grass Keeps Coming Back After Spraying

Giant Rats Tail Grass (GRT) is one of the most frustrating pasture weeds for farmers and lifestyle property owners. You spray an infested area, see th...

When Custom Cardboard Boxes Make Sense for Your Business

Custom cardboard boxes can be useful when a standard carton does not fit a product, packing method or presentation requirement particularly well. A ...

Virtual Livestock Fencing and GPS Tracking: Improving Visibility Across Cattle Properties

What Virtual Livestock Fencing Means for Modern Cattle Management Managing cattle across extensive properties requires more than knowing where anim...

Sydney Pawnbrokers Explained: How Hocking Your Car Actually Works

Sometimes you need cash, and you need it soon. If you own a car, you may already have a way to get it. That's what people mean when they say they've...

Moving Interstate from the Gold Coast to Brisbane (or Back)? What Removalists Wish You Knew First

Have you talked to anyone who’s done the move? They say the same thing: the drive up the M1 is the easy part. It's everything around it that catches...

Why the Spring School Holidays Are a Great Time to Visit Coffs Harbour

The spring school holidays are a good time to spend a few days on the Coffs Coast. The weather is starting to warm up, there is plenty to do outdoor...

What to Do When an Older Car Is No Longer Worth Keeping in Melbourne

Ever looked at another repair quote and wondered whether your old car is still worth the trouble? It is a common turning point for Melbourne motoris...

Your Baby's First Year: A Local Guide to Feeding, Sleep, and When to Get Extra Support

Ask ten parents in a Brisbane mothers' group how their baby is feeding or sleeping, and expect ten different answers.  Someone's baby sleeps throug...

Kitchen and Laundry Makeover Ideas That Don't Require a Full Renovation

Full kitchen renos are expensive — and most people don't actually need one.  They need the kitchen to stop looking like it's stuck in 2009, or they...

How Technology Is Reshaping the Modern Australian Commercial Kitchen

The commercial kitchen has always been shaped by technology. Refrigeration changed how ingredients could be stored, modern ventilation transformed k...

The Number on a Roller Blind Fabric That Nobody Explains

Somewhere in the fabric book, next to the colour name, there is a percentage. Three per cent. Five per cent. Ten per cent. Nobody explains it, most c...

What’s Trending in Men’s Jewellery This Father’s Day!

Finding a Father’s Day gift that feels personal, stylish and genuinely wearable is not always easy. While socks and novelty mugs have traditionally ...