OBJECTIVE
The objective of this section is to underline the principle that prisoners and detained individuals
have the right to an adequate standard of living and appropriate conditions of detention.
These rights include accommodation, food, drinking water, clothing and bedding.
ESSENTIAL PRINCIPLES
All persons deprived of their liberty shall be treated with humanity and with respect
for the inherent dignity of the human person.
All persons deprived of their liberty have the right to an adequate standard of living,
including adequate food, drinking water, accommodation, clothing and bedding.
BASIS IN INTERNATIONAL INSTRUMENTS
Article 25 of the Universal Declaration of Human Rights provides:
1. Everyone has the right to a standard of living
adequate for [his] health and well-being … including food,
clothing, housing and medical care and necessary social
services, and the right to security in the event of … lack of
livelihood in circumstances beyond his control.
Article 10 of the International Covenant on Civil and Political Rights provides:
1. All persons deprived of their liberty shall be treated
with humanity and with respect for the inherent dignity of the
human person.
Article 11 of the International Covenant on Economic, Social and Cultural Rights
provides:
1. The States Parties to the present Covenant
recognize the right of everyone to an adequate standard of
living for himself and his family, including adequate food,
clothing and housing, and to the continuous improvement of
living conditions. …
Article 11, paragraph 2, of the Covenant also recognizes the fundamental right of
everyone to be free from hunger.
Article 27 of the Convention on the Rights of the Child provides:
1. States Parties recognize the right of every child to a
standard of living adequate for the child's physical, mental,
spiritual, moral and social development.
The Guidelines and Measures for the Prohibition and Prevention of Torture,
Cruel, Inhuman or Degrading Treatment or Punishment in Africa (The Robben
Island Guidelines) provide that States should:
34. Take steps to improve conditions in places of detention which do not conform to international standards.
IMPLICATIONS
The deprivation of adequate food, water, clothing and proper accommodation can
often result in ill-treatment of prisoners which may amount to torture in severe cases.
It is important to realize that physical infliction of torture or other cruel, inhuman or
degrading treatment is not the only manner of violating the Convention against Torture
and Other Cruel, Inhuman or Degrading Treatment or Punishment.
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