Correctional institutions
the health hazards of tobacco smoke. Adequate measures must be taken to
implement this as soon as possible.
The duty of care, which applies in the penal system, also extends to a child
living in detention. Small children must not be exposed to passive smoke. A
total ban on smoking in the mother-child area should go without saying.
Children have a special
need for protection
This recommendation is based on a visit to Graz-Jakomini correctional
institution. The NPM noticed a seating arrangement there, which was located
immediately in front of a mother-child inmate cell and was used as a smoker’s
corner. The mothers and children had to pass through this area, and the small
children were constantly exposed to smoke. Immediately after the NPM’s visit,
this smoker’s corner was removed so that children are no longer endangered
by passive smoking.
The NPM also emphasises that employers and police station management
must take suitable technical or organisational measures to ensure that
personnel are protected from the effects of tobacco smoke in the workplace, in
communal rooms and stand-by rooms. In addition, the Maternity Protection
Act forsees employment limitations and restrictions in order to protect the
health of the mother-to-be and the child.
Staff must also
be protected
The Federal Ministry assured the NPM that the facility management would be
informed that smoking is prohibited in the corridors, the charge offices, rooms
where the inmates work, communal rooms and stand-by rooms. However,
smoking areas can be set up at the correctional institutions.
In most correctional institutions, smoking is permitted out-of-doors, in inmate
cells and in the specially marked smoking rooms. According to the Federal
Ministry, the space inside the locked area is not a public space. Therefore, the
ban on smoking does not apply there.
However, at the same time, the Federal Ministry generally acknowledges that
it must seek improvement in the area of tobacco control. An information
campaign directed at staff and inmates is under consideration. The campaign
will point out the harmfulness of nicotine and its consequences, and provide
information on various means to stop smoking. The Federal Ministry is
convinced that more can be achieved by providing information than by
prohibitions.
Convince rather
than punish
The Federal Ministry plans to set up an interdisciplinary working group to
improve tobacco control. In addition to persons engaged in correctional
practice, experts on basic rights and medicine will be included in this working
group. The results obtained by the working group will be used as the basis for
formulating a comprehensive strategy to protect non-smokers in facilities of
the penitentiary system and facilities for the detention of mentally ill offenders.
The working group will have its first meeting in early 2018.
Interdisciplinary
working group
119
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