B. HUMAN RIGHTS
15. “Human rights” is a modern term but the principle that it invokes is as old as
humanity. It is that certain rights and freedoms are fundamental to human existence. They are inherent entitlements that come to every person as a consequence
of being human, and are founded on respect for the dignity and worth of each
person. They are not privileges, nor gifts given at the whim of a ruler or a
Government. Nor can they be taken away by any arbitrary power. They cannot be
denied, nor can they be forfeited because an individual has committed any offence or broken any law.
16. Initially these rights had no legal basis. Instead they were considered to be moral
claims. In due course these rights were formally recognized and protected by law.
Often they came to be safeguarded in a country's constitution, frequently in the form
of a Bill of Rights, which no Government could deny. In addition, independent courts
were set up in which individuals whose rights had been taken away could seek redress.
17. The widespread abuses of human rights and freedoms in the 1930s, which culminated in the atrocities of the World War between 1939 and 1945, put an end to
the notion that individual States should have the sole say in the treatment of their
citizens. The signing of the Charter of the United Nations in June 1945 brought
human rights within the sphere of international law. All Member States of the
United Nations agreed to take measures to safeguard human rights. Three years
later, the adoption of the Universal Declaration of Human Rights provided the
world with a "common standard of achievement for all peoples and all nations",
based on the "recognition of the inherent dignity and of the equal and inalienable
rights of all members of the human family" (preamble).
18. Human rights issues and obligations are now an important feature of the day-today conduct of government. Over the years, since the proclamation of the
Universal Declaration in 1948, States have developed a considerable number of
human rights instruments at the national, regional and international levels (see
chapter 2), and have undertaken obligations under international and domestic law
both to promote and to protect a wide variety of human rights.
C. THE ROLE OF PRISON OFFICIALS
19. Prison staff receive individuals who are lawfully deprived of their liberty. They have
the responsibility to hold them safely and then, in most cases, release them back
to the community. This function involves carrying out extremely demanding and
stressful tasks on behalf of society; yet, in many countries, prison officials are badly
trained, poorly paid and do not always enjoy public respect. While facing situations
of lawful limitations of freedoms and rights, prison officials are at the forefront of
human rights protection on a daily basis, experiencing them and putting them into
practice; respecting them and enforcing their respect.
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