ž freedom of thought, conscience, religion or belief; ž freedom of opinion and expression; ž the principle of non-discrimination; 117 118 119 ž the right to the highest attainable standard of physical and mental health ; and 120 ž the right to an effective remedy. 121 The deprivation of liberty carries with it a duty of care for states to ensure that the dignity of 122 all detainees is respected. States have the obligation to both protect prisoners against abuse, including by other prisoners, and to refrain from imposing conditions of detention, treatment and prison routines that contravene with prisoners’ rights, including the right to be free from torture or other ill-treatment. International standards are unequivocal that any person deprived of liberty shall enjoy all human rights and fundamental freedoms, except for those restrictions that are necessary 123 and proportionate in a closed environment. The specific needs of different genders and age groups should be addressed as outlined in the UN Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) and the UN Convention on the 117 118 119 120 121 122 123 ICCPR, op. cit., note 85, Article 18; ECHR, ibid,. Article 9; CFREU, ibid., Article 10; OSCE Vienna Document, op. cit., note 113, para. 16; OSCE Copenhagen Document, op. cit., note 113, para. 9.4 and 32. ICCPR, ibid., Article 19; ECHR, ibid., Article 10; CFREU, ibid., Article 11. ICCPR, ibid., Articles 2(1), 3, 26; ECHR, ibid., Article 14 and Protocol 12. United Nations, “International Covenant on Economic, Social and Cultural Rights” (ICESCR), 16 December 1966, Article 12(1). OSCE, Vienna Document, op. cit., note 113, para. 13.9; OSCE, Copenhagen Document, op. cit., 113, paras. 5.12-5.19, 12; OSCE, “Ljubljana, 2005, Thirteenth Meeting of the Ministerial Council, 5 and 6 December 2005”, 6 December 2005; ICCPR, op. cit., note 85, Articles 2(3) and 9(4); ECHR, op. cit., note 113, Articles 3(4) and 13; CFREU, op. cit., note 113, Article 47. ICCPR, ibid., Articles 10 and 2. “Except for those limitations that are demonstrably necessitated by the fact of incarceration, all prisoners shall retain the human rights and fundamental freedoms set out in the Universal Declaration of Human Rights, and, where the State concerned is a party, the International Covenant on Economic, Social and Cultural Rights, and the International Covenant on Civil and Political Rights and the Optional Protocol thereto, as well as such other rights as are set out in other UN covenants”, UN General Assembly, Resolution 45/111, “Basic Principles for the Treatment of Prisoners”, 14 December 1990, para. 5; “1. All persons deprived of their liberty shall be treated with respect for their human rights. 2. Persons deprived of their liberty retain all rights that are not lawfully taken away by the decision sentencing them or remanding them in custody”, Council of Europe Committee of Ministers, “European Prison Rules” (EPR), Appendix to Recommendation Rec(2006)2, 11 January 2006, Part I, Basic principles, para. 1 and 2; “Persons deprived of liberty shall enjoy the same rights recognized to every other person by domestic law and international human rights law, except for those rights which exercise is temporarily limited or restricted by law and for reasons inherent to their condition as persons deprived of liberty”, Inter-American Commission on Human Rights (IACHR) Resolution 1/08, “Principles and Best Practices on the Protection of Persons Deprived of Liberty in the Americas”, OEA/Ser/L/V/II.131 doc. 26, Washington D.C., 13 March 2008, Principle VIII, Rights and restrictions; “The participating States will ensure that all individuals in detention or incarceration will be treated with humanity and with respect for the inherent dignity of the human person”, OSCE Vienna Document, op. cit., note 113, para. 23.2. 33