5. CONTACT WITH THE OUTSIDE WORLD 5.1. CONTACT WITH FAMILY AND FRIENDS RELEVANT RULES: CONTACT WITH FAMILY AND FRIENDS Rule 58: 2. Where conjugal visits are allowed, this right shall be 1. Prisoners shall be allowed, under necessary applied without discrimination, and women prisoners supervision, to communicate with their family and friends at regular intervals: (a) By corresponding in writing and using, where available, telecommunication, electronic, digital and other means; and shall be able to exercise this right on an equal basis with men. Procedures shall be in place and premises shall be made available to ensure fair and equal access with due regard to safety and dignity. (b) By receiving visits. WHY IS IT IMPORTANT? Rehabilitation and reintegration Contact with the outside world is crucial for the rehabilitation and reintegration of prisoners. Meaningful interactions with family, friends and community representatives help individuals imagine their life after release, and help them to prepare themselves accordingly, both practically and psychologically. This can act as a significant motivator for them to behave better while in prison, and can reduce the risk of recidivism. Family visits close to the time of release can play a particularly important role in helping prisoners and their families make post-release plans. 03 Regular contact with family and friends can also serve to remind prisoners that they have responsibilities outside of prison, and to reinforce their commitment to observing prison rules and procedures. Contact allows them to participate in discussions and decisions related to family and community life, so that they feel less isolated and more engaged with broader society. This is important, not only for inter-personal relations, but also for the psychological wellbeing of prisoners. Regular contact with family members through visits is also likely to reduce the risk of family breakdown resulting from detention. 04 It is particularly important for parents in prison to be able to maintain contact with their children outside of prison, and to be able to input into decisions regarding their education, health and caregiving arrangements. When such contact is not possible, it is likely that the wellbeing of both parent and child will be affected. Studies have shown that contact with parents in prison is important for children’s education, social inclusion and mental health.266 5 02 The right to family life 05 Contact with family is a right, not a privilege and it applies to all prisoners and their family members. This right is enshrined in Article 23 of the ICCPR. The right of children to have contact with their family members is enshrined in the CRC.267 06 UNODC points out that, because prisoners’ contact with the outside world must be seen as an entitlement rather than a privilege, withholding or granting such contact should not be used as either a reward or a punishment.268 07 The denial of family visits to people in detention may in itself constitute cruel, inhuman or degrading treatment. For example, the UN Special Rapporteur on torture concluded in an observation report that the rights of individuals held in pre-trial detention had been violated 266. See for example: Children of prisoners maintaining family ties, Social Care Institute for Excellence, April 2008. 267. Convention on the Rights of the Child, op. cit., note 140, Article 16(1): No child shall be subjected to arbitrary or unlawful interference with his or her privacy, family, home or correspondence. 268. Handbook on Dynamic Security and Prison Intelligence, UNODC, op. cit., note 160, p. 22. Guidance document on the Nelson Mandela Rules 117