NCJ Number
146691
Date Published
1993
Length
264 pages
Annotation
Papers from the Seventh International I.P.P.F. (International Penal and Penitentiary Foundation) Colloquium in October 1992 focus on human rights principles applicable to penal detention.
Abstract
Conference participants examined detainees' rights in the context of the human rights instruments that are currently available. The reports presented frequently refer to the Universal Declaration of Human Rights of 1948, the International pacts of 1966, the European Convention of Human Rights of 1950, the Standard Minimum Rules for the Treatment of Offenders of 1955, and the European Prison Rules of 1987. These international instruments have become an integral part of the legal systems of the states that have ratified them. Various papers focus on detainees' rights in particular countries, including Canada, the United States, Japan, Greece, Hungary, the Netherlands, and Israel. What these countries share under the international conventions that apply to detention is a respect for the rule of law upheld by a democratic constitution. After considering the general principles of law and the legal philosophy that underpins government based on the rule of law, the conference participants listed the ideals that should inspire penal detention within a coherent system. These are the principle of legality (detention governed by international instrument and domestic legislation); the principle of proportionality; the presumption of innocence; the principle of subsidiarity (use of the least restrictive alternative commensurate with public safety); and the principle of rehabilitation.