and so on. Informal interactions with custodial staff should also be encouraged. Monitoring bodies
and the courts pay particular attention to the level and quality of human contact afforded to
isolated prisoners and will be more inclined to find a violation of human rights law where these are
lacking.
Contact with the outside world
Human rights law emphasises the importance of enabling prisoners to maintain contact with the
outside world. This requirement covers visits by family and friends, access to written and broadcast
media and various forms of communication including letters and the telephone. Where prisoners
are held in solitary confinement and enjoy little human interaction and few social contacts, these
requirements become all the more important. Contacts with family, friends, and the community
are not only important factors for prisoners’ wellbeing, but have also been shown to be important
factors in positively influencing prisoners’ behaviour and improving their chances of successful
reintegration upon release from prison59.
Family contacts
Article 17 of the International Covenant on Civil and Political Rights (ICCPR) stipulates that
No one shall be subjected to arbitrary or unlawful interference with his privacy, family, home or
correspondence...
The right to family life is also protected under Article 11 of the American Convention on Human
Rights and Article 8 of the European Convention on Human Rights. It has been established that,
notwithstanding limitations inherent in prison life, prisoners retain the right to family life and prison
authorities have a duty to assist them in maintaining close family contacts (Messina (No.2) v. Italy,
2000).
Prisoners’ right to respect for their family life through visits and communications is further
established in several international instruments:
Prisoners shall be allowed under necessary supervision to communicate with their family and
reputable friends at regular intervals, both by correspondence and by receiving visits (SMR Rule
37. See also: SMR Rule 79; Principle 19 of the Body of Principles for the Protection of All Persons
Under any Form of Detention or Imprisonment; EPR (2006 Rev) Rule 24).
To encourage family ties, where possible, prisoners should be housed in a prison close to their
home (Body of Principles, Principle 20). Visits should take place in specially designated areas which
should be appropriately furnished, clean and well maintained. It is good practice to allow for contact
visits (i.e. not held through a glass partition) between the prisoner and their visitor(s), particularly
when the visitor is a child. Visitors should be treated with respect and must not be subjected to
unnecessary security procedures.
46
Sourcebook on solitary confinement: Design, physical conditions and regime in solitary confinement units
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