Rights from the Victorian Charter of Human Rights

Summary: Rights that apply to all people in Victoria, including people in prisons.

The Victorian Charter of Human Rights has a list of human rights that apply to all people in Victoria, including people in prison.

The rights protected under the Charter are:

• Right to recognition and equality before the law (section 8)
• Right to life (section 9)
• Protection from torture and cruel, inhuman or degrading treatment (section 10)
• Freedom from forced work (section 11)
• Freedom of movement (section 12)
• Right to privacy and reputation (section 13)
• Freedom of thought, conscience, religion and belief (section 14)
• Freedom of expression (section 15)
• Right to peaceful assembly and freedom of association (section 16)
• Protection of families and children (section 17)
• Right to take part in public life (section 18)
• Cultural rights (section 19)
• Property rights (section 20)
• Right to liberty and security of person (section 21)
• Right to humane treatment when deprived of liberty (section 22)
• Rights of children in the criminal process (section 23)
• Fair hearing rights (section 24)
• Rights in criminal proceedings (section 25)
• Right not to be tried or punished more than once (section 26)
• Protection from retrospective criminal laws (section 27)

For more information on these rights, use the links on the left side of this page:

• Protection from torture and cruel, inhuman or degrading treatment
• Humane treatment when deprived of liberty
• Right to life
• Cultural rights (including for First Nations people)

How does the Charter apply to Victorian prisons?

Corrections Victoria and Victorian prisons are ‘public authorities’. The Charter says that all Victorian public authorities must:

1. Act in a way that is compatible with Charter rights; and
2. Consider Charter rights when making decisions that affect people.

Some examples of decisions made in prisons that must consider human rights are:

• A decision about letting someone leave the prison to go to a funeral
• A decision about keeping someone in the slot
• A decision about someone’s security classification
• A decision to make people go through strip-searches for legal visits

Limits to Charter rights

Section 7 of the Charter says rights can be limited when it is reasonable and justified.

When it comes to deciding whether the limitation of a right is reasonable and justified, the Charter says all relevant factors should be considered, including:

1. The nature of the right (what the right is);
2. The importance of the reason for limiting the right;
3. The nature and extent of the limitation on the right;
4. The relationship between the limitation and the reason for limiting the right; and
5. Any other, less restrictive options reasonably available to address the reason.

Considering these factors is called a “proportionality analysis”.

When making decisions that may impact Charter rights, Corrections Victoria and their staff must balance the rights against their duties under sections 20 and 21 of the Corrections Act 1986 (Vic). These duties are about:

• Security of the prison;
• Safe custody and welfare of people in prison;
• Management, security and good order of the prison.

Whether a limit on Charter right is reasonable and justified will depend on the circumstances of each individual case. Some rights that are obviously limited in prisons include:

• The right to privacy
• Freedom of movement
• The right to liberty