III. PRISONERS WITH DISABILITIES
Although imprisonment should be used as a last resort especially in cases when
the person with disabilities is sentenced, there are many prisoners with
disabilities in penal establishments. These include persons with long-term
physical, mental, intellectual or sensory impairments. The problems that these
persons face in community are magnified in prisons as prisons are unable to
respond adequately to their needs. The main focus of the monitors should be
whether the prisoners with disabilities are not discriminated against and special
attention should be paid to the way the prison, with the closed and restricted
environment as well as violence, is adapting to ensure that the disabling process
is not accelerated and that prisoners with disabilities receive appropriate care.
1.
International Standards
United Nations Convention on the Rights of Persons with Disabilities
(2006); Arts. 4, 13, 14 and 15 in particular.
European Prison Rules, Rules 13, 18, 28, 46 and 81.3 in particular.
2.
Prison Policies
Has the prison service as a whole adopted a clear policy statement against
the discrimination of prisoners with disabilities?
Is this statement clearly displayed in all prison establishments?
Has the prison developed dedicated policy and strategy on prisoners with
disabilities?
Has this policy and strategy been adopted in consultation with civil
society organisations and services working with persons with disabilities?
Did this development of the policy and strategy involve a needs
assessment of prisoners with disabilities?
Does this policy and strategy include the affirmative action to be
undertaken by the prison?
Does the prison undertake regular data collection and assessment on
prisoners with disabilities so as to identify shortcomings as well as good
practices?
3.
Staff Training and Roles
Have the prison staff received initial and ongoing training on prisoners
with disabilities including techniques of dealing with prisoners with
disabilities when difficulties arise and effective supervision?
Does this training include special emphasis on the prohibition of
discrimination against prisoners with disabilities?
Are staff trained to detect signs of distress in prisoners with disabilities?
Is there a member of staff appointed to act as a contact for prisoners with
disabilities?
11
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents