ASC rules strip searching female prisoner illegal breach of human rights
The ACT Supreme Court has determined that the human rights of an Aboriginal woman detained at the Alexander Maconochie Centre (AMC) were breached when she was subjected to two strip-searches in 2021. These searches were ruled to have violated the ACT Human Rights Act, affirming that even in custody, individual dignity must not be disregarded.
A Human Rights Perspective
The decision is a powerful reminder: respect for basic human dignity doesn't end at the prison gate. Strip-searches should only occur when absolutely necessary, with consent, or under clear lawful authority—and never when someone is in crisis or extreme emotional distress. In this case, the search followed the detainee’s request to attend her grandmother’s funeral being denied—a context that only intensified her vulnerability.
Cultural Harm and Gendered Violence
For Aboriginal women, such invasive searches can be deeply traumatic, adding layers of cultural harm. Historically, Aboriginal women's bodies have been sites of colonial violence and surveillance. Subjecting someone to a strip-search under distress, regardless of intent, can echo those harms unless we approach policy and practice through a trauma-informed, culturally appropriate lens.
Systemic Change is Needed
The ACT Human Rights Commissioner has called for comprehensive, ongoing human rights education for all AMC staff—starting at leadership level. This is not only about preventing future abuses but also ensuring policies are applied with a proper understanding of detainees’ rights, cultural needs, and mental health backgrounds.
This case is not isolated. Past reviews—including the ACT Inspector of Corrections—have repeatedly highlighted that forced strip-searches were conducted without meaningful consideration of human rights or detainees’ trauma histories. Recommendations included repealing blanket strip-search policies, especially at critical points like admission or crisis management, and installing body scanners to minimise invasive procedures.
This ruling should serve as a turning point—not just affirming an individual's rights, but compelling systemic reform in worthy jurisdictions. Humanity and dignity shouldn't be conditional on location or circumstance. The law exists not to punish, but to protect; and when its guardians falter, the law must step in with clarity and compassion.
Note: This OYBlog was created with AI assistance to summarise the following source - https://www.abc.net.au/news/2025-09-05/act-aboriginal-detainee-illegal-strip-search-human-rights-breach/105740358