OBJECTIVE
Deprivation of liberty is a punishment in itself. The objective of this section is to
underline that it is not the task of the prison administration to inflict further punishment
on the prisoner. On the contrary, prisoners should be encouraged to use their time in
prison to learn new skills, to improve their education, to reform themselves and to
prepare for eventual release.
ESSENTIAL PRINCIPLES
The main aim of the prison authorities in their treatment of prisoners should be to
encourage personal reformation and social rehabilitation.
The purpose of the prison regime should be to help prisoners to lead law-abiding
and self-supporting lives after their release.
BASIS IN INTERNATIONAL INSTRUMENTS
Article 10 of the International Covenant on Civil and Political Rights
provides:
3. The penitentiary system shall comprise treatment of
prisoners the essential aim of which shall be their reformation
and social rehabilitation. …
According to the Standard Minimum Rules for the Treatment of Prisoners:
65. The treatment of persons sentenced to imprisonment or a similar measure shall have as its purpose, so far as
the length of the sentence permits, to establish in them the
will to lead law-abiding and self-supporting lives after their
release and to fit them to do so. The treatment shall be such
as will encourage their self-respect and develop their sense of
responsibility.
66. (1) To these ends, all appropriate means shall be
used, including religious care in the countries where this is
possible, education, vocational guidance and training, social
casework, employment counselling, physical development
and strengthening of moral character, in accordance with the
individual needs of each prisoner, taking account of his social
and criminal history, his physical and mental capacities and
aptitudes, his personal temperament, the length of his sentence and his prospects after release.
IMPLICATIONS
Prison authorities are entitled to take all necessary steps to ensure that prisoners do not
escape from lawful custody and that there is good order in prisons. In addition, however, they have an obligation to give prisoners opportunities to make good use of the
time they are in custody. This means that there should be a full programme of activities,
including education, skills training, work and physical education.
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