Text 2. Human rights approanch to prison Management

Human rights and freedoms should be placed into an international context. After the Second World War a number of international agreements, treaties, and conventions came into force to protect, stabilize and increase civil rights. The main documents in this list are:

-  The Universal Declaration of Human Rights which was adopted by the General Assembly of the United Nations Organization (1948);

-  The European Convention on Human Rights and Fundamental Freedoms which was adopted by the Council of Europe in 1950 and came into force in 1953;

-  The Convention for the Protection of Human Rights and Fundamental Freedoms (1953);

- The European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (1989);

- The Standard Minimum Rules for the Treatment of Prisoners (1957);

- Basic Principles for the Treatment of Prisoners (1990);

- The Code of Conduct for Law Enforcement Officials (1979).

Article 18 of the Universal Declaration of Human Rights says that “everyone is entitled to all rights and freedoms set forth in this declaration without distinction of any kind, such as race, color, sex, language, religion, political or other opinion, national or social origin, property, birth or other status”.     

Respect for all human beings, including those who have been placed in prisons, is the most important ethical principle and guideline for the penal authorities and prison staff. A famous prisoner and ex-President of South Africa Nelson Mandela once said, “No one truly knows a nation until one has been inside its jails. A nation should not be judged by how it treats its highest citizens, but its lowest ones”.

The international human rights documents are against all kinds of torture and ill-treatment. These documents say that there are absolutely no circumstances in which torture or other cruel, inhuman or degrading treatment can ever be justified. Article 1.1 of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment says, “The term torture means any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person”.

There are certain basic physical requirements that must be met if the state respects the prisoner` s human dignity. These include adequate accommodation, hygienic conditions, clothing and bedding, food, drink and exercise. Imprisonment must not include risk of physical or emotional abuse by staff or other prisoners. It must not include risk of a serious illness, or even death because of bad physical conditions.

  (A.Coyle. A Human Approach to Prison Management”)