“Prisoner’s Rights In International Law” I. Introduction: History of Rights for Prisoners Imprisonment, or the forcible confinement of a person, has been a long standing practice and tradition in the world’s history (Roberts). Dating as far back as 400 B.C., prisons have held a variety of meanings and served a wide array of functions, but in its fundamental use, prisons are intended to supplement the rise of a state as a form of social organization (Roberts). The most common use of prisons is as a supplement to a state’s justice system, in which individuals found guilty and convicted of crimes are sent for a set period of incarceration (Roberts). Outside of punishing civil crimes, prisons have been used by numerous regimes as tools of political repression, often punishing and detaining individuals without trail or other due process (Robert). Another practiced use of prisons has come in times of war and conflict, where persons—both combatant and non-combatant—are held captivate by a state in military camps as prisoners of war, for both legitimate and illegitimate reasons (Robert). It is in the latter use that the prison system has become highly contested, especially after witnessing the extreme atrocities from World War II compounded by the perverse use of prisons and detention facilities as means of oppression--- thousands being persecuted on the basis of racial, religious and political terms (Roberts). Combat zones were no exception, as prisoners of war were exploited for their labor and subjugated to both mental and physical abuse (Roberts). From this arrangement of prisons as systematic institutions of violence, a broad consensus emerged at the worldwide level demanding the international community create protections for in... ... middle of paper ... ...red on the historic understand of securing rights for the state, rather than its citizenry. Seen to be the ultimate and overarching authority in which the world should act and determine their domestic as well as foreign policies, human rights serve as a “striking inroad into the usually well-preserved domain of sovereign states”. This construction of rights for prisoners has led to great confusion, as well as hostility between state’s as they feel parts of their sovereignty being infringed on as the international community dictates not only what the state can and cannot do, it imposes a set of norms that may be completely foreign onto the country. The struggle between the recognition of prisoner rights and a state’s sovereignty has resulted in great tension throughout the international community, and has ultimately led some states to reject the proposals.
For decades, prison has been signified as an unspeakably horrifying place for those who have done harm to our society. Nevertheless, in today 's society, shows like Wentworth, orange is the new black and prison break illustrate prison in an entertaining way. A way that is so detached from reality. However, in the article "Norway 's Ideal Prison," by Piers Hernu, he clearly reveals and gives us a vivid picture of what prison life is like in Bastoy, the home of Norway only prison. On the other hand, "The Prisoners Dilemma," by Stephan Chapman argues how in Islamic countries criminals are being cruelly handled and how flawed the American penal system is and needs to be adjusted. Even though there are many similarities in both articles on what
VonHofer, H. and R. Marvin. Imprisonment Today and Tomorrow: International perspectives. The Hague, The Neatherlands: Kluwer Law International, 2001. Print.
Every civilization in history has had rules, and citizens who break them. To this day governments struggle to figure out the best way to deal with their criminals in ways that help both society and those that commit the crimes. Imprisonment has historically been the popular solution. However, there are many instances in which people are sent to prison that would be better served for community service, rehab, or some other form of punishment. Prison affects more than just the prisoner; the families, friends, employers, and communities of the incarcerated also pay a price. Prison as a punishment has its pros and cons; although it may be necessary for some, it can be harmful for those who would be better suited for alternative means of punishment.
In the world we live in today there is, has been, and always will be an infinite amount of controversies throughout society. Perhaps one of the most important, being that it could jeopardize our existence, is the debate of how to deal with what most everyone would consider unwanted. The members of the prison population can range from petty thieves to cold hearted serial killers; so the conflict arises on how they can all be dealt with the most efficient way. The sides can result in a wide range of opinions such as simply thinking a slap on the wrist is sufficient; to even thinking that death is the only way such a lesson can be learned. While many believe it is ok to punish and torture prisoners, others feel that cruel treatment of prison inmates is wrong because it is thought to be immoral and too extreme as opposed to deprived freedom and rehabilitation.
Atul Gawande writes the article, ¨Is Long-Term Solitary Confinement Torture?¨ successfully convincing the reader that solitary confinement is nothing less than unreasonable torture. Gawande writes about men who have survived solitary as POWs and within our own criminal justice system. He uses information in a persuasive way that effectively convinces the reader. By removing solitary confinement and switching to a prison system more focused on rehabilitation, we can make America a better place to
The past two decades have engendered a very serious and historic shift in the utilization of confinement within the United States. In 1980, there were less than five hundred thousand people confined in the nation’s prisons and jails. Today we have approximately two million and the numbers are still elevating. We are spending over thirty five billion annually on corrections while many other regime accommodations for education, health
For centuries, prisons have been attempting to reinforce good behavior through various methods of punishment, some more severe than others. There are several types of punishments which include “corporal punishment, public humiliation, penal bondage, and banishment for more severe offenses, as well as capital punishment”(Linklater, V). Punishments in which are more severe pose the question “Has it gone too far?” and is stripping away the rights and humanity of a criminal justified with the response it is for the protection of the people? Is justice really served? Although prison systems are intense and the experience is one of a kind for sure, it does little to help them as statistics show “two-in-five inmates nationwide return to jail within three years of release”(Ascharya, K).
Zito, M. (2003, December 8). Prison Privatization: Past and Present. International Foundation for Protection Officers. Retrieved from http://www.ifpo.org/articlebank/prison_privatization.html
In Western cultures imprisonment is the universal method of punishing criminals (Chapman 571). According to criminologists locking up criminals may not even be an effective form of punishment. First, the prison sentences do not serve as an example to deter future criminals, which is indicated, in the increased rates of criminal behavior over the years. Secondly, prisons may protect the average citizen from crimes but the violence is then diverted to prison workers and other inmates. Finally, inmates are locked together which impedes their rehabilitation and exposes them too more criminal
Rights of Prisoners While lawful incarceration deprives prisoners of most of America's Constitutional rights, they do maintain a few constitutional rights. Federal courts, while hesitant to impede the internal administration of prisons, will interfere to rectify violations of the constitutional rights that prisoners are still entitled to. A prison guideline that oversteps a prisoner’s constitutional rights is lawful only if it is reasonably related to the safety of the inmates or the rehabilitation of that prisoner. The Supreme Court has acknowledged four significant factors in determining the rationality of a prison guideline. Courts should contemplate whether there is a lawful, sensible association between the guideline and the reasonable interest advanced to justify it, whether different means for exercising the proclaimed right continue to exist, whether accommodation of the proclaimed right will unfavorably disturb guards, other inmates, and distribution of prison properties generally, and whether there is a noticeable substitute to the guideline that fully accommodated the prisoner’s right that would not cause a problem to the prison, guards or other inmates, as well as hinder the offenders rehabilitation process.
The purpose of this source is to evaluate and compare prisons with the death penalty. Prisons are meant to protect society, punish convicted criminals, deter criminal activity, and when possible, to rehabilitate criminals. However, there is an increase of incarcerated criminals due to rising populations and longer life expectancies. This may lead to an experience similar to facing capital punishment. Prisons will experience poorer health care and levels of sanitation, bigger risks of violence, and the likely hood of diseases. This type of environment violates constitutional rights, morals and ethics, as well as human rights. This situation could encourage the idea to thin out the population, or to abolish the death penalty because prison is a hellhole.
When reviewing the international human right laws we see that it is put in place to protect the prisoner’s capabilities working in the private prison systems. With the advance degree of the rise in population of prisoners incarcerated every year, the more rapidly they are exploited in their labor capabilities. Where there are three different areas prisoners may work :) in the institution where the prisoner is incarcerated which is called a private prison, a private subdivision which is involved with the prison industries, and, private subdivisions that are engaged with the work release program. Over the years prison labor has been a matter of interest and concern with the (ILO) International Labor Organization, yet the international law is not advancing to the degree that it needs too on this specific subject. (Fenwick, C. 2005). In argument of this we need recognize how the prison labor is being used for profit beyond what it should and needs to be addressed if we have any regard to how we treat the incarcerated. Yes...
Prison has been around in human society for many millions of years. Having someone who disobeyed the law of that village, town, city or country punished in some form of institution, cutting them off from people, is a common concept – a popular and supposedly “needed” process society has taken to doing for many years now has been put under the spotlight many times by many different figures and people in society. The question remains – do prisons only make people worse? Many articles have been published in many journals and newspapers of the western world (mainly the USA, UK and Australia) saying prison only makes a person worse yet no complaint of the method has come from the less liberal eastern societies; this only proves how in countries where the rights of humans are valued such issues as if prisons only make people worse are important and relevant to keeping fair to all.
The origin of the word prison comes from the Latin word to seize. It is fair to say that the traditionally use of prison correspond well with the origin of the word; as traditionally prison was a place for holding people whilst they were awaiting trail. Now, centuries on and prisons today is used as a very popular, and severe form of punishment offered to those that have been convicted. With the exception however, of the death penalty and corporal punishment that still takes place in some countries. Being that Prison is a very popular form of punishment used in today's society to tackle crime and punish offenders, this essay will then be examining whether prison works, by drawing on relevant sociological factors. Furthermore, it will be looking at whether punishment could be re-imagined, and if so, what would it entail?
States ratify human right treaties to enter into agreements and commit each other to respect, protect and fulfill human rights obligations. However, the adherence to human rights treaties is not ensured by the same principle of reciprocity instead to ensure compliance, collective monitoring and enforcement mechanisms were introduced.8 International organizations and treaty ...