NCJ Number
135991
Journal
International Criminal Justice Review Volume: 1 Dated: (1991) Pages: 93-115
Date Published
1991
Length
23 pages
Annotation
While the significance of human rights in the system of penal social control has been discussed internationally for a long time, the examination of the relevance of human rights to the imposition of sentences and penal measures is still neglected.
Abstract
A number of contemporary international measures, put forth by the United Nations and the Council of Europe, are supported by the endeavor to create and secure the humane imposition of penal sanctions depriving liberty. In addition, the Final Document of the CSCE Follow-Up Meeting obliges participating States to adhere to a standard of humane treatment of prisoners. Throughout Europe and North America, the system of human rights has been concretized by national legislation and other legal provisions as well as court rulings related to prison matters. In spite of the internationally held opinion that liberty-depriving sanctions should be imposed only as a last resort, there are great differences among countries regarding the duration and frequency of the imposition and execution of these sanctions. At the same time, respect for human dignity finds expression in the objective of confinement as well as in prisoner accommodation. Issues relevant to accommodation include the minimum space per prison, the problem of surveillance of inmates, and the use of solitary confinement and maximum security units. Other factors related to human rights in prisons include religious freedom, work and vocational training, marriage and family, disciplinary measures, and the prohibition against discrimination. 11 notes and 118 references