The CGLPL's experience shows that, in spite of their diversity, the institutions
inspected all struggle with largely similar problems: that of the balance between
the security requirements and respect for the fundamental rights of people
deprived of their liberty, that of having to address both the needs for round-theclock provision and the need for training, that of the relations of power and
dependence which inevitably form between warders and their wards, or that of
violence.
The CGLPL wanted to carry out a realistic and cross-cutting analysis of staff working
conditions in view of the impact they have on respect for the fundamental rights of people deprived
of freedom. It therefore asked itself two key questions:
-
are staff, in terms of their numbers, skills and organisation, capable of taking all of the
measures ensuring fundamental rights are respected (guaranteeing security, taking
responsibility for their wards and preparing for release, providing the necessary
services, etc.)?
-
do staff members themselves always respect fundamental rights in the way they behave
(use of force only when strictly necessary, no violence, integrity, respectful conduct,
compliance with obligations, etc.)?
After identifying the specific risks of working in places of detention, the report examines the
significance of staff issues, since provision for people deprived of their liberty must be viewed in
terms of a service to people, for which the existence of sufficient staff numbers is a prerequisite.
It then moves on to the question of staff's individual skills, and their stability, which must be
managed by making sure there is neither excessive turnover nor a sense of tedium setting in among
staff. Training should not be limited to merely learning the technical ropes, but also include training in
the rights of people deprived of freedom. Lastly, staff must be able to prevent and handle critical
situations.
The report then addresses the matter of managing professional conduct. For that, it asks that
measures aimed at promoting adoption of ethical rules be taken, and recommends that punishment of
professional misconduct, though still necessary, be used in moderation so as to avoid any unintended
effects. It also advises developing organisational arrangements that are respectful of fundamental
rights and, for that, strengthening the role of supervisors, as well as factoring fundamental rights into
the organisation - not least by identifying contact persons for respect of rights and creating mediation
roles. Finally, it highlights the need to develop collective skills through respect for identities and
professional ethics specific to each staff category, the setup of collective training and the development
of analysis of practices within teams.
On a final note, the report advocates an improvement in staff working conditions, by paying
attention first and foremost to the physical living and working conditions, then to appropriate work
schedules which allow for sufficient rest periods, and finally to bonding initiatives. It gives ideas of
how staff's duties can be made to feel more worthwhile, and it recommends measures bearing on
protecting staff against physical and psychosocial risks.
By deliberately adopting a common approach to all of the places that come under its scrutiny,
the CGLPL took advantage of this report to pinpoint the good practices specific to some of these
places and to urge their application by other institutional categories.
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