Rule 20 of the Standard Minimum Rules for the Treatment of Prisoners
requires:
(1) Every prisoner shall be provided by the administration at the usual hours with food of nutritional value adequate for health and strength, of wholesome quality and well
prepared and served.
(2) Drinking water shall be available to every prisoner
whenever he needs it.
Furthermore, rule 26 of the Standard Minimum Rules requires:
(1) The medical officer shall regularly inspect and advise
the director upon:
(a) The quantity, quality, preparation and service of
food;
IMPLICATIONS
In countries where the quality of food available to many law-abiding members of the
community is inadequate, the question may be asked why prisoners should be guaranteed
adequate food. The answer is rooted in a respect for the right to adequate food. If the
State has taken from prisoners the opportunity to provide for their own basic needs,
these must be supplied by the State.
The Special Rapporteur of the Commission on Human Rights on the right to food has
stressed the inclusion of the right to adequate drinking water as part of the definition
of the right to adequate food. In his report to the Commission at its fifty-eighth session,
in 2002, the Special Rapporteur wrote:
drinking water is essential for healthy nutrition, so that it should be
considered a public good. Both the quality and the quantity of water
available are fundamental. Setting standards for water quality is
extremely important, as is ensuring equitable access to water
resources to protect social justice. Including drinking water in the
right to food is an important way of ensuring such accountability
and justiciability. [E/CN.4/2002/58, para. 130]
It should be noted that modern legal opinion holds that reduction of diet equates with
corporal punishment and constitutes inhuman punishment.
PRACTICAL RECOMMENDATIONS
■
In many prisons there is land either inside the prison perimeter or immediately
adjacent to the prison which can be used for cultivation. Wherever possible,
prisoners should be encouraged to grow their own food. Any excess can be given or
sold to the local community, where appropriate.
■
The issue of allowing or encouraging families of prisoners to supply food is a
complicated one. On the one hand, the local culture may be such that families may
wish or may be expected to supply food. In some places this arrangement also
applies, for example, to patients in hospital. On the other hand, families themselves
may be short of food. They may live a long distance away and may be unable to bring
food to prisoners on a regular basis.
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