Solitary Confinement and the Meaning of ‘Meaningful Human Contact’

Abstract

The use of solitary confinement in prison environments is both widespread and controversial. The harms of the practice are widely recognised, and efforts to reduce its use and harmfulness focus on limiting the time prisoners can be held in solitary confinement and setting standards to ensure that the conditions in which prisoners are held do not amount to solitary confinement. The Mandela Rules, revised in 2015 to reflect human rights principles and good practice, define solitary confinement as ‘the confinement of prisoners for 22 hours or more a day without meaningful human contact’ (rule 44), and prohibit indefinite and prolonged (over 15 days) solitary confinement. ‘Meaningful human contact’ is therefore a central concept to distinguishing between permissible and prohibited practices. This chapter examines the concept of ‘meaningful human contact’ and discusses ways in which it is being operationalised and monitored. It specifically considers the expanded use of remote forms of communication, including with families, and asks if these can be said to amount to ‘meaningful human contact’.