The treatment of prisoners: International standards and case law

Abstract

Objective. In some countries questions are asked about the extent to which human rights should be applied to those who have been detained in prison, particularly if they have been convicted of a criminal offence. However, the international human rights treaties and instruments are quite clear that detained persons are entitled to all human rights that are not expressly removed by the fact of their detention. Method. This article describes in detail what these standards are and how they apply to imprisonment. It also considers how these issues have been interpreted judicially by the European Court of Human Rights and the lessons to be learned from its increasing body of case law. Conclusion. All those who are involved in the management of prisons or who deal in any way with prisoners must always bear in mind 'the inherent dignity of the human person'. This obligation applies particularly to psychologists and others who develop programmes and other activities aimed at influencing the future behaviour of prisoners. © 2008 The British Psychological Society.