Hunger and torture. Assessing the adequacy of prison food under international law

Abstract

Background: Deprivation of prisoner food, in terms of its quality and quantity, has gener-ally been accepted as violating the prohibition of torture and related ill-treatment, particularly when combined with other factors (i.e., harmful conditions and practices). Aspects rel-evant to assessing when and how food provision is considered inadequate, however, remain complex and confusing. This article presents a doctrinal review which consolidates normative understandings of adequate prisoner food. Method: A systematic full-text search was made of international and regional normative standards, case-law and commentary in rele-vant databases. These were then selected based on their relevance for regulatory and explan-atory specificity and pertinence to detention contexts. Findings: International and regional bodies directly connect the adequacy of food to respect for dignity, freedom from torture and ill-treatment as well as the right to health – and particularly as depending on duration, quality, quantity and variety. What constitutes inadequate food remains complex as it is contingent on both material and non-material consider-ations, including its quality (content, nutri-tiousness, edibility, variety, wholesomeness), its quantity (calorie, substantiveness, balance), its preparation (hygiene, respect to the indi-vidual and community), its provision and con-sumption (when, how and where it is to be eaten, regularity, accessibility, warmth/cold), its socio-cultural suitability (to religious and cultural values) and its developmental suitability (for pregnant or breast-feeding mothers and children).