“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.
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.
The “pains of imprisonment” can be divided into five main conditions that attack the inmate’s personality and his feeling of self-worth. The deprivations are as follows: The deprivation of liberty, of goods and services, of heterosexual relationships, autonomy and of security.
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 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
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).
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
Mass incarceration is a massive system of racial and societal management. It is the process by which individuals jailed for the criminal structure. Marked culprits and criminals are put in jail for a long time and after that are discharged into a permanent second-class status in which they are stripped of essential civil and human rights. It is a framework that works to control individuals, frequently at early ages, and all parts of their lives after they have been seen as suspects in some wrongdoing. Alexander discusses the three stages in the cycle of mass incarceration. Those three stages include roundup, the period of formal control, and period of invisible.
Prisons have dated back to the twentieth century when the United States had almost two million people confined in prisons or jails. Prisons have been a form of government punishment that has shaped our nation to what it is today. The first jail was established in Philadelphia, in 1970. It was called the Walnut Street Jail and was recorded as the first use of imprisonment through solitary confinement. The basic principles of the new system were to reform those in prison, and to segregate those according to age, sex, and type of offenses charged against them (Schoenherr). The second prison was called Sing-Sing a...
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
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...
VonHofer, H. and R. Marvin. Imprisonment Today and Tomorrow: International perspectives. The Hague, The Neatherlands: Kluwer Law International, 2001. Print.
Prison is an institution for the confinement of persons convicted of criminal offenses. Throughout history, most societies have built places in which to hold persons accused of criminal acts pending some form of trial. The idea of confining persons after a trial as punishment for their crimes is relatively new.
It is just as difficult to prevent those who commit misdeeds in prison as it is to prevent that person from committing the crime, this is why tougher punishment is of high importance. Focusing on reform will not deter an inmate from misbehaving within or outside of prison. A unpleasant punishment however, will turn away a criminal from his misbehaviors while incarcerated and with the enduring impression of prison life outside of the cell walls. Although this article fails to address those circumstances that an inmate will need solitary confinement, it does prevail in bringing light to those few who are mistreated in prison facilities. The article those who are mistreated on the other hand are sparse and should be treated differently from those who are stable and
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?
There have been individuals and even countries that oppose the idea that human rights are for everybody. This argument shall be investigated in this essay, by: exploring definitions and history on human rights, debating on whether it is universal while providing examples and background information while supporting my hypothesis that human rights should be based on particular cultural values and finally drawing a conclusion. A general definition of human rights is that they are rights and freedoms to which all humans are entitled, simply because they are human. It is the idea that ‘all human beings are born free and equal in dignity and rights. They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood.’