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Treatment of Prisoners: International Standards and Case Law

NCJ Number
224285
Journal
Legal and Criminological Psychology Volume: 13 Issue: Part 2 Dated: September 2008 Pages: 219-230
Author(s)
Andrew Coyle
Date Published
September 2008
Length
12 pages
Annotation
This article discusses human rights issues related to imprisonment.
Abstract
It is noted that in some countries questions are asked about the extent to which human rights should be applied to those who have been detained in prison, particularly if they have been convicted of a criminal offense. However, the work states that the international human rights treaties and instruments are quite clear that detained persons are entitled to all human rights that are not expressly removed by the fact of their detention. Discussions are provided in the following topic areas: the sentence of imprisonment; the experience of imprisonment; related principles such as international and regional standards; torture; cruel, inhuman and degrading treatment; health care; safe and secure prison operation; disciplinary and punishment procedures; constructive activity and resettlement; and contact with the outside world. The author states that all those who are involved in the management of prisons or who deal in any way with prisoners must always bear in mind “the inherent dignity of the human person,” noting that this obligation applies particularly to psychologists and others who develop programs and other activities aimed at influencing the future behavior of prisoners. This article describes in detail human rights standards and how they apply to imprisonment. Also considered are how these issues have been interpreted judicially by the European Court of Human Rights and the lessons to be learned from its increasing body of case law. References