Practicing Human Rights in Prisons - Annotated Bibliography Example

Practicing Human Rights in Prisons – Benefits "... no one truly knows a nation until one has been inside its jails. A nation should be judged not by how it treats its highest citizens, but its lowest ones". Nelson Mandela cited in http://homepage.eircom.net/~calypso/prison/cond.html Introduction Prisons and the conditions prevailing therein are the most debatable in matters concerning human rights. International bodies have been set up to analyze ways and means of treating prisoners in better and more humane ways on the one hand, while on the other, governments are faced with the prospects of insufficient funds for improving prison conditions leading to unsafe and unhygienic living conditions for prisoners. Whatever the outcome, it shall affect two sections of the society mainly, the inmates and the prison staff who are directly involved in managing prisons, in the manner in which the former are treated, and the support that is given to the latter in dispensing their duties an maintenance of law and order within the prisons. The lives of both concerned sections, in some aspects, are unenviable and sensitive by nature. In this context, it is pertinent to ponder over the human rights approach to prison management, and examine if things could be improved and all-round benefit could be reaped by putting the human rights policies into practice. The purpose of this brief essay is to explore the possible ways through which prison officers, with particular reference to Ireland, who work in direct contact with prisoners can benefit from a ‘human rights’ approach to imprisonment. The essay will focus on two aspects like overcrowding, illicit drugs use in prison environment, and examine how a humane approach may benefit both the concerned sections. In the process, it hoped to arrive at a better understanding of the policies of human rights and the practicality of the same. Overcrowding and Irish Prisons A study of prisons and prison management in Ireland has shown that some problems that plague prisons in Ireland are common to prisons in many other countries too. For example overcrowding is common in many countries; even developed countries like the United Kingdom (BBC News, http://news.bbc.co.uk/2/hi/uk_news/2222022.stm) and the United States (Reuters, 2007, 1) have some of the most overcrowded prisons. Ireland is also one among the countries that have overcrowded prisons; however, this is restricted to some institutions like Cloverhill, Limerick, Mountjoy and so on (http://homepage.eircom.net/~calypso/prison/cond.html). The evils of overcrowding in prisons are so great that it can be called as the one of the root causes of prison problems. An article published by John Howard Society of Alberta (1996) on the subject of overcrowding in prisons, has vividly explained three specific types of effects that result from overcrowding in prison environment. They are: 1) Increased competition for all resources like individual space, and limited “opportunities for inmates to participate in self-improvement and rehabilitative programs, such as academic, employment and vocational training” (p. 2). 2) The Negative effect of overcrowding on the behaviour of individual prisoners. Even under normal situations some amount of stress and anxiety is caused by crowding in one place; combined with the already oppressive nature of prison setting the negative effects of crowding accentuates additional stress and anxiety (p. 3). 3) This effect is especially relevant to the management of prison environment – it relates to the ability of the staff in direct control of the prison inmates or rather inability, to fulfil the demand for increased space and sanitation and other requirements, thereby holding the potential risk of harm to individual prisoners. According to the John Howard institute article (1996), what happens is that, there has been a “strong tendency to misclassify offenders” in the “attempt to cope with the limited space available and the resulting overcrowding” (p. 3). The statements explicated by the article are pertinent and this is substantiated by the reports and surveys conducted by independent organizations in Ireland. For example, considering this newspaper report by Ken Foxe in the Tribune that was published as recently as August 31, 2008 (http://www.tribune.ie/archive/article/2008/aug/31/state-faces-more-claims-as-mountjoy-is-forced-to-i/ ) overcrowding has given way to new subsets of problems for the state. ‘Slopping out’ is one such problem that denies the basic human right aspect of sanitation and hygiene to the inmates. Furthermore, one can understand from the report that violence is more likely to erupt in such institutions and due to this fear, management becomes even more difficult, resulting in more inhuman treatment of inmates like making them carry the pot containing human wastes and so on. Thus, it is a vicious circle, as one can understand from the report and the John Howard institute article. Human Rights Approach to Overcrowding A close study of Andrew Coyle’s A Human Rights Approach to Prison Management (2003) shows that international conventions have strictly prohibited indignity in the treatment meted out to prisoners. Coyle (2003) cites the ‘Basic Principles for the Treatment of Prisoners, Principle 1’ to point out that all prisoners, irrespective of the crime committed, should treated with all the respect that is due to them as human beings (p.33). So then, how does one put into practice the human rights approach in order to solve overcrowding of prisons and all its allied problems in prison management? Especially, given the fund constraints for building new jails? The answer may lie in making radical changes in the way one approaches prison management, starting from the very design of prisons. The current model of prison construction design is to explicitly confine the inmates and place the control in the hands others. This naturally promotes inequalities in an already guilt-filled, morbid environment. A more humane way to design prisons may be to construct cottage like structures that house five or six individuals with provision for some amount of privacy for each, while at simultaneously holding as many prisoners as do normal cells in a prison. Furthermore, empowering the inmates to control their own limited private spaces by allowing for individual touches and tastes may help reduce the oppression felt by the inmates. Designing the prison confines with less sound -echoing materials, may also be another way of putting human rights approach into practice. Other measures for reduction of overcrowding are quicker disposal of pending court cases, lesser terms for lighter crimes, reducing incarceration rates by allowing for ‘community-based-correction’ programmes wherever possible, and so on. By this, not only are the inmates benefited, but the management staff to may feel the benefit, in that they may be able expect more cooperation from the inmates since their stress levels may be reduced; less noise disturbances shall help reduce the stress levels faced by the prison staff on duty too, thus facilitating better readiness and alertness in staff to meet any unexpected situation. This means lesser suspicions on inmates, and a more conducive environment. The benefits for prison staff who work directly with the inmates through reduction of overcrowding in prisons are many and invaluable, and hence certainly worth considering. Illicit Drugs and Ireland The use of illicit drugs in prisons is rampant in Ireland according to latest reports in Irish Times.com dated Wednesday September 30, 2009, has cited a leading member of the prison visiting committee to point to the “rate of drug taking is ‘enormously high’” in Irish prisons. (http://www.irishtimes.com/newspaper/ireland/2009/0930/1224255525500.html ) While some sections defend the increasing drug problems in prisons a reflection of the increased use of drugs in the society itself, the use of illicit drugs in prisons does indeed merit focused attention because there is a “the public health dimension” in this as “prisons are a concentrated reservoir of disease, such as hepatitis, HIV and tuberculosis and, therefore, pose a high degree of risk for the spread of disease to wider society” (O’ Mahony 6). Furthermore, as O’ Mahony rightly points out, the confining and oppressive prison environment poses problems even for the mentally strong; therefore “the stress, idleness, boredom and ubiquitous petty coercion of prison life make the pleasure, release and oblivion provided by the opiate fix or other powerful drugs especially attractive” - so much so that “drugs are never more attractive than in prison” (p.7). Connolly, Foran, and Long have observed that various studies showed that drugs were easily available in prisons in Ireland and there were three ways by which this was being done. Drugs being supplied during visits from friends and family, drugs being thrown over compound walls especially in Mountjoy prison, and prison staff acting as conduits - are the three routes of supply according to the authors (p. 13). Current measures to curb illegal drug use and trafficking in prisons are by using CCTV cameras for surveillance, prevention of physical contact between the visitors and inmates, random search on inmates, allowing only nominated visitors with identity during visits and so on. Human Rights Approach It is important to realize that in general, humane treatment is more likely to bring desired results rather than brute force; this is particularly true in case of drugs, since the desired goal is to bring about behavioural changes. While the official policy of “Keeping Drugs out of Prison” (O’Mahony 4) – one of total intolerance to drugs, a practical and more humane approach that already in use in some places are the use of methadone in the treatment of drugs (O’Mahony 11). The strategy of methadone maintenance has been useful since it has effected the “stabilization of an opiate habit and of the chaotic, criminal lifestyle frequently associated with opiate use” (O’Mahony 11). Key strategies that shall work in the implementing a humane approach shall be, 1) efficient cutting off of supply sources 2) identification of habitual and potential drug users, 3) providing sustained treatment options, 4) positively engaging them and rehabilitating them as useful members of the society 5) making them aware of the potential dangers of HIV, Hepatitis and TB and other drug – blood borne diseases, 6) enabling them to become physically and mentally strong to overcome the challenge of drug addiction. The task is uphill and requires dedication; however a humane approach shall definitely enable positive results, the benefits of which are long lasting and invaluable. Drug related crimes shall reduce within the prison limits and less dependency on drugs shall bring about more cooperation and congenial atmosphere within the prison environment. Current inmates are future entrants into the society, and when they are equipped with the means of overcoming drug dependency, crime in the society reduce too. More importantly, spread of drug related diseases and looting, arson, mugging and related crimes shall reduce making the community more peaceful and conducive to progressive living. Thus, curbing drug trafficking in prisons in a humane manner not only holds innumerable benefits for the staff working with the inmates, but also for the entire public. Conclusion Prison and prison environments are generally restrictive and filled with violence and crime. As such prisons of all countries have some problems in common. Ireland in particular has overcrowding of some of its prisons and illicit drugs problems in many of its prisons. Rather than enforcing law and further punishing the wrong-doers, a humane approach shall benefit the managed and the managers in the prison environments. This is especially so with the above mentioned problems, and putting human rights into practice while dealing with these problems shall go a long way in pave the way to transforming the society and the prison environment positively. List of works cited BBC News. “Prison overcrowding 'at crisis point’” Online article dated Wednesday, 28 August, 2002, 23:58 GMT 00:58 UK, accessed on October 22, 2009. http://news.bbc.co.uk/2/hi/uk_news/2222022.stm Calypso – Information and Action on Irish Prisons “Prison Conditions” Online article accessed on October 22, 2009. http://homepage.eircom.net/~calypso/prison/cond.html Connolly, Johnny and Foran, Sinead and Long, Dr Jean (2006) Keeping drugs out of prisons: a review of the Irish Prison Service drugs policy and strategy. Drugnet Ireland, Issue 18, Summer 2006. pp. 13-14. http://www.drugsandalcohol.ie/11259/1/Drugnet_18.pdf Coyle, Andrew (2003). A Human Rights Approach to Prison Management available online accessed on 24 February, 2009. http://www.kcl.ac.uk/depsta/law/research/icps/downloads/human_rights_prison_management.pdf Foxe, Ken (2008). “State faces more claims as Mountjoy is forced to introduce 'slopping out'” in The Tribune August 31, 2008. Accessed online on October 22, 2009. http://www.tribune.ie/archive/article/2008/aug/31/state-faces-more-claims-as-mountjoy-is-forced-to-i/ Irish Times.com “Prisons 'too crowded and drug use is rife' by Conor Lally, dated Wednesday September 30, 2009, accessed on October 22, 2009. http://www.irishtimes.com/newspaper/ireland/2009/0930/1224255525500.html John Howard Society of Alberta (1996). “PRISON OVERCROWDING” Online article accessed on October 22, 2009. http://www.johnhoward.ab.ca/PUB/PDF/C42.pdf pp. 1-13. O’ Mahony, Paul. “Key Issues for Drugs Policy in Irish Prisons: Policy Paper 3” in “Drug Policy Action Group – Rethinking Drug Policy in Ireland”, accessed online on October 22, 2009. http://www.drugpolicy.ie/docs/Policy%20Paper%203%20-%20Prison%20Drugs.pdf Read More

For example overcrowding is common in many countries; even developed countries like the United Kingdom (BBC News, http://news.bbc.co.uk/2/hi/uk_news/2222022.stm) and the United States (Reuters, 2007, 1) have some of the most overcrowded prisons. Ireland is also one among the countries that have overcrowded prisons; however, this is restricted to some institutions like Cloverhill, Limerick, Mountjoy and so on (http://homepage.eircom.net/~calypso/prison/cond.html). The evils of overcrowding in prisons are so great that it can be called as the one of the root causes of prison problems.

An article published by John Howard Society of Alberta (1996) on the subject of overcrowding in prisons, has vividly explained three specific types of effects that result from overcrowding in prison environment. They are: 1) Increased competition for all resources like individual space, and limited “opportunities for inmates to participate in self-improvement and rehabilitative programs, such as academic, employment and vocational training” (p. 2). 2) The Negative effect of overcrowding on the behaviour of individual prisoners.

Even under normal situations some amount of stress and anxiety is caused by crowding in one place; combined with the already oppressive nature of prison setting the negative effects of crowding accentuates additional stress and anxiety (p. 3). 3) This effect is especially relevant to the management of prison environment – it relates to the ability of the staff in direct control of the prison inmates or rather inability, to fulfil the demand for increased space and sanitation and other requirements, thereby holding the potential risk of harm to individual prisoners.

According to the John Howard institute article (1996), what happens is that, there has been a “strong tendency to misclassify offenders” in the “attempt to cope with the limited space available and the resulting overcrowding” (p. 3). The statements explicated by the article are pertinent and this is substantiated by the reports and surveys conducted by independent organizations in Ireland. For example, considering this newspaper report by Ken Foxe in the Tribune that was published as recently as August 31, 2008 (http://www.tribune.ie/archive/article/2008/aug/31/state-faces-more-claims-as-mountjoy-is-forced-to-i/ ) overcrowding has given way to new subsets of problems for the state.

‘Slopping out’ is one such problem that denies the basic human right aspect of sanitation and hygiene to the inmates. Furthermore, one can understand from the report that violence is more likely to erupt in such institutions and due to this fear, management becomes even more difficult, resulting in more inhuman treatment of inmates like making them carry the pot containing human wastes and so on. Thus, it is a vicious circle, as one can understand from the report and the John Howard institute article.

Human Rights Approach to Overcrowding A close study of Andrew Coyle’s A Human Rights Approach to Prison Management (2003) shows that international conventions have strictly prohibited indignity in the treatment meted out to prisoners. Coyle (2003) cites the ‘Basic Principles for the Treatment of Prisoners, Principle 1’ to point out that all prisoners, irrespective of the crime committed, should treated with all the respect that is due to them as human beings (p.33). So then, how does one put into practice the human rights approach in order to solve overcrowding of prisons and all its allied problems in prison management?

Especially, given the fund constraints for building new jails? The answer may lie in making radical changes in the way one approaches prison management, starting from the very design of prisons. The current model of prison construction design is to explicitly confine the inmates and place the control in the hands others. This naturally promotes inequalities in an already guilt-filled, morbid environment. A more humane way to design prisons may be to construct cottage like structures that house five or six individuals with provision for some amount of privacy for each, while at simultaneously holding as many prisoners as do normal cells in a prison.

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