could lead to criminalising behaviour due to
the low socio-economic status of such
individuals - in other words societies would
punish the poorest members of society for
trying to provide for their families.
Presumption of innocence and criminalisation as last resort
In cases of emergency the presumption of innocence is paramount. States must ensure social
measures are in place to support those most at need, before taking any possible penal measure.
Furthermore, imprisonment should only be a last resort measure and any judgement should take
into account the conditions and the reasons for which the particular individual had to violate a
protective measure ordered.
No state should put into place a system of denunciation by citizens, only law enforcement should
be charged of ensuring that society respects protective measures put into place.
Penal Reform International briefing note
Contact person at PRI:
Olivia Rope, Director of Policy and International Advocacy
+44 20 3119 0982
ORope@penalreform.org
www.penalreform.org
Penal Reform International (PRI) is a non-governmental organisation working globally to promote criminal justice
systems that uphold human rights for all and do no harm. We work to make criminal justice systems nondiscriminatory and protect the rights of disadvantaged people. We run practical human rights programmes and
support reforms that make criminal justice fair and effective.
Registered in The Netherlands (registration no 40025979), PRI operates globally with offices in multiple locations.
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