OBJECTIVE
The objective of this section is to underline the principle that individuals who are
detained or who are in prison retain all their rights except those that have been lost as
a specific consequence of deprivation of liberty. A universal prohibition on torture and
ill-treatment stems from the inherent dignity of all people. Prisoners and detainees
should be treated at all times in a humane and dignified manner.
This requirement begins at the point of admission and continues until the moment of
release.
ESSENTIAL PRINCIPLES
All human beings are born free and equal in dignity and rights.
Human rights derive from the inherent dignity of the human person.
All persons deprived of their liberty shall be treated at all times with humanity and
with respect for the inherent dignity of the human person.
BASIS IN INTERNATIONAL INSTRUMENTS
The preambles to the Universal Declaration of Human Rights and the two
International Covenants on Human Rights emphasize that:
recognition of the inherent dignity and ... equal and inalienable
rights of all members of the human family is the foundation
of freedom, justice and peace in the world
Principle 1 of the Body of Principles for the Protection of All Persons under Any
Form of Detention or Imprisonment provides that:
All persons under any form of detention or imprisonment
shall be treated in a humane manner and with respect for the
inherent dignity of the human person.
This principle is confirmed in the Basic Principles for the Treatment of Prisoners.
Details of what constitutes humane treatment for prisoners are to be found in the
Standard Minimum Rules for the Treatment of Prisoners, adopted by the United
Nations in 1955, which deal with the essential features of daily life in prison.²
² For a useful commentary on the Standard Minimum Rules, see Penal Reform International, Making Standards
Work: An International Handbook on Good Prison Practice (The Hague, 1995).
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