Discrimination: ‘Unfair treatment of a person or group on the basis of prejudice’
When we think of discrimination we often think of racism or sexism, but what about other disenfranchised groups within our community? Ex-offenders experience discrimination from the day they leave prison and often for many years to come. Many have also been discriminated against prior to incarceration, increasing their likelihood of offending in the first place. With levels of mental illness in prison populations much higher than in the general community, ex-offenders suffering discrimination struggle on a day-today basis and the potentially for further criminal activity is often increased.
In the UK, the Social Exclusion Unit identified mental health as a key factor associated with offending. They found that over 70 per cent of prisoners had at least two mental disorders, and an astounding 95 per cent of young offenders, aged 15 - 21, suffered from a mental disorder. In Australia, there is little information about how many people with mental illnesses are currently incarcerated. Anecdotal evidence, however, suggests this number is high, with one source estimating that the prevalence of some disorders was three to five times higher than in the general community.
Prisons seem to have become a dumping ground for people who the community cannot easily deal with. A lack of appropriate programs and services in Australia see people suffering from mental illness falling into this category. In 2000, a report by the World Health Organisation showed that Australia was spending a significantly lower proportion of its health budget on mental health than other like nations. A report by the Prison Reform Trust stated, ‘prisons are being used to warehouse, in unacceptable conditions, people who have significant mental health problems’.
Given that so many people suffering from mental illnesses are entering prison, you would expect there would be specialist services to help offenders. At a glance, the Western Australian prison population sits at over 3700, with the specialist forensic mental health facility for the state having a capacity to house only 30. As such many offenders re-enter the community with a wealth of unaddressed issues and a tough road ahead jailed. They carry the burden of their mental disorder along with perhaps a sense that they no longer fit in and a label leaving them open to constant discrimination.
On release from prison ‘indirect’ discrimination begins on day one. Many prisoners are released without identification and as such can’t access community and welfare services, at a time when it is most needed. They may be able to access Centrelink payments and setting up something as simple as a bank account becomes a mammoth task. The ‘lucky’ ones may get some form of prison ID but often it’s insufficient to meet the requirements of agencies. It also leaves them open to further prejudice by announcing their status as an ex-offender to everyone they deal with. Direct discrimination against ex-offenders is also common. People with a previous criminal conviction may experience credit card or insurance refusals, discrimination in the workplace, and may be deterred or even prevented from working in some positions. Furthermore, their past experiences of the legal system make them less likely to seek legal remedies for unjust treatment.
Secure housing is both a major determinant in re-offending and mental wellbeing, however a third of people jailed in the UK lose their accommodation when entering prison, and the majority of people released from prison in Australia would be considered homeless. To add insult to injury ex-offenders are often openly discriminated against in the rental market and have no legal protection.
Consider for a moment that you are a property owner who is renting out a house. Amongst the piles of applications is one from a person who seems unable to provide a recent rental or work history. In the current market who would give this person a chance? Now consider that you work in public housing and the file of a notorious sex offender lands on your desk, you instantly know the name. He’s been in all the papers. Does he deserve public housing paid for with tax payers dollars? Unfortunately working in a community based role doesn’t mean those employees are without bias.
The Equal Opportunities Act (WA) doesn’t even recognise discrimination against ex-offenders looking for housing. In fact the only protection the Act offers ex-offenders is in some employment situations. Other than that it does not recognise them as a group who can be discriminated against illegally.
The effects of day-in day-out rejection can be deeply damaging. Discrimination has been shown to have a significant impact on mental health and has been linked with depression and anxiety. Those ex-offenders that battle with mental illness already may suffer from more severe effects or additional mental illnesses as a result. In some settings, discrimination has also been linked to higher use of cigarettes, alcohol, and illicit substances, potentially causing further damage still to mental wellbeing, not to mention the dangerous physical health concerns.
More needs to be done in the community to address the discrimination experienced by offenders. The impact on their mental wellbeing ultimately creates a vicious cycle; whereby they are more likely re-offend. Surely the prison system is not the best place for people already suffering from these difficulties to end up. When you consider the lack of facilities to address these problems, as well as what an ex-offender may face on their release, it’s clear that this is not the right course.
This opinion piece, exploring issues relating to mental health and wellbeing, was commissioned by ActNow as part of Margins 2 Mainstream: 5th World Conference on the Promotion of Mental Health and the Prevention of Mental and Behavioural Disorders. We are grateful for the support of VicHealth and the Victorian Government in undertaking this initiative.
How do I know this?
AussieLegal
http://aussielegal.aol.com.au/informationoutline.
aspnocache=1&SubTopicDetailsID=834
viewed 12 August 2008
Equal Opportunity Act 1984 (WA)
Law Reform Commission of Western Australia,
30th Anniversary Reform Implementation Report (2002)
http://www.lrc.justice.wa.gov.au/2publications/summaries/
P80.PDF viewed 12 August 2008
Office of Health, State Forensic Mental Health Service
http://www.mental.health.wa.gov.au/one/sfmhs.asp
viewed 12 August 2008.
Reducing Re-Offending by Ex Prisoners, report by the social exclusion unit
http://www.cabinetoffice.gov.uk/~/media/assets/www.cabinet
office.gov.uk/social_exclusion_task_force/publications_1997
_to_2006/reducing_summary%20pdf.ashx
viewed 12 August 2008.
Word Reference
http://www.wordreference.com/definition/discrimination
viewed 12 August 2008
VicHealth
http://www.vichealth.vic.gov.au/Content.aspx?topicID=17
viewed12 August 2008
