UNDERSTANDING DIGNITY AND SECURITY IN PRISONS Understanding dignity and security in prisons 1. Dignity in detention: a fundamental right Dignity is inherent to all human beings. It recognises the innate worth and right of individuals to be treated with respect and humanity. It is enshrined in Article 10 of the International Covenant on Civil and Political Rights (ICCPR) that: ‘[a]ll persons deprived of their liberty shall be treated with humanity and with respect for the inherent dignity of the human person’. The UN Human Rights Committee specified that respect for human dignity constitutes a norm of general international law not subject to derogation.2 As the Inter-American Commission on Human Rights (IACHR) stressed, deprivation of liberty establishes a regime ‘of absolute control, loss of privacy, limitation of living space and, above all, a radical decline in the individual’s means of defending himself’. The Commission concludes that as a consequence the act of imprisonment ‘carries with it a specific and material commitment to protect the prisoner’s human dignity’.3 While its most fundamental component is the absolute prohibition of torture, the right to dignity includes the provision of adequate material conditions, including sufficient food, water and access to healthcare. Dehumanising or humiliating prison routines can also infringe on the dignity of prisoners, such as particularly uncomfortable prison uniforms. In Texas4 and Rwanda,5 for example, male prisoners were forced to wear pink prison uniforms, purposefully humiliating them. Obliging women prisoners to wear overalls as prison uniform may have the same effect in that it forces them to undress when using the toilet. In some countries, problematic practices, not justified by security considerations, include pointless routines such as prisoners having to march and sing patriotic songs or only being allowed to walk in certain ways.6 The right to dignity also includes operating fair and just rules and procedures, which do not discriminate, and promoting respectful relations between staff and detainees. Attitudes, behaviours, public exposure or abusive language can equally infringe human dignity, taking into account what individuals experience as humiliating or debasing. The responsibility of the state goes beyond preventing active abuse against prisoners: it includes refraining from humiliating routines that infringe on human dignity and serve no security or other purpose, and ensuring that the suffering involved in places of detention does not exceed the level inherent in the deprivation of liberty. The Standard Minimum Rules for the Treatment of Prisoners7 acknowledge this principle, especially in the areas of the Rules revised in 2015.8 One of the overarching basic principles in the revised Rules is that all prisoners should be treated with respect for their inherent dignity and value as human beings. This is also expressed in what the Rules require in terms of staff training, which includes the rights and duties of prison staff in the exercise of their functions. Explicit components of these rights and duties are respect for the human dignity of all prisoners and the prohibition of certain conduct, in particular torture and other cruel, inhuman or degrading treatment or punishment. Training should also encompasses security and safety − including the concept of dynamic security, the use of force and instruments of restraint, and the management of violent offenders, with due consideration to preventive and defusing techniques, such as negotiation and mediation. Training in the psychosocial needs of prisoners and 2. General Comment No 29, States of emergency (Article 4), CCPR/C/21/Rev.1/Add.11, 31 August 2001, para.13a. 3. Inter-American Commission on Human Rights (IACHR), Special report on the human rights situation at the Challapalca prison in Peru, para 113; IACHR, Report No.41/99: Minors in Detention, Honduras, March 10 1999, para.135. 4. For example, see ‘Arizona criminals find jail too in-’tents’’, CNN, 27 July 1999; and ‘The cruelest sheriff in America’, Waging Non-Violence website, 27 July 2009. http://edition.cnn.com/US/9907/27/tough.sheriff/; http://wagingnonviolence.org/2009/07/the-cruelest-sheriff-in-america/. <Accessed 23 September 2013> 5. For example, see ‘Rwanda: prison reform by colour, chants and drums’, The Guardian, 15 March 2011. http://www.theguardian.com/world/2011/ mar/15/letter-from-rwanda-prisons-walls. <Accessed 23 September 2013> 6. ‘Kazakhstan’s Living Gulags’, BBC Radio 4, 19 August 2013, http://www.bbc.co.uk/programmes/b03859mq <Accessed 23 September 2013> 7. The revised United Nations Standard Minimum Rules for the Treatment of Prisoners (the Nelson Mandela Rules), adopted by the UN Commission on Crime Prevention and Criminal Justice on 22 May 2015, endorsed by the Economic and Social Council on 9 September 2015, UN-Doc. E/ RES/2015/20 and adopted by UN General Assembly Third Committee on 5 November 2015, UN-Doc. A/C.3/70/L.3 (at the time of printing this Resolution was pending adoption by the plenary of the UN General Assembly.) 8. Areas revised included respect for prisoners’ inherent dignity and value as human beings; medical and health services; disciplinary action and punishment; investigation of deaths in custody, as well as any signs or allegations of torture or inhuman or degrading treatment of prisoners; protection and special needs of vulnerable groups; as well as training of staff. Penal Reform International | Balancing security and dignity in prisons: a framework for preventive monitoring |3

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