Laura Grenfell (University of Adelaide), Anita Mackay (La Trobe University), Meribah Rose (La Trobe University), A Human Right to Daily Access to Fresh Air Beyond Prisons in Australia?, Australian J. of Hum. Rts. (2023):
This article considers the international standard of daily access to fresh air, set out by the Mandela Rules/UN Minimum Rules for the Treatment of Prisoners, and whether it applies beyond prisons in Australia. This standard is part of the obligation to treat all those deprived of their liberty humanely, which is set out in Article 10 of the International Covenant for Civil and Political Rights. The article reveals the extent to which this standard is currently reflected in corrections legislation across Australian jurisdictions. It analyses recent Australian cases/investigations relating to access to fresh air in prison settings, as well as the investigations/inquiries into the treatment of travellers in hotel quarantine and residents of public housing towers as part of government COVID-19 measures. The article draws on international jurisprudence designed to guide Australian lawmakers and policymakers in setting detention conditions. It notes that Australia is commencing a detention monitoring scheme under the Optional Protocol to the Convention against Torture which requires that inspectors use human rights-based standards.