7
duty to guarantee the rights to life and humane treatment of prisoners, and that this
international responsibility is maintained even in the event that such services are provided
in prisons by private contractors. Likewise, it also analyzes several major obstacles faced by
detainees when they require medical attention, such as lack of personnel and supplies
sufficient to meet actual demand.
23.
In the Chapter VI on Family relations of inmates, it is recognized that
maintaining family contact and relations of the persons deprived of liberty, not only is a
right protected by the international law of human rights, but is a condition essential for
their social rehabilitation and reintegration into society. In addition, in many places of
deprivation of liberty, basic resources and services do not meet minimum standards, and
the relatives of the inmates are forced to meet these needs.
24.
The IACH emphasizes that States should create the conditions for family
visits to occur in a dignified manner, in other words, in conditions of security, privacy and
hygiene; additionally, the staff of the prisons should be adequately trained to deal with the
families of the prisoners, avoiding in particular the use of humiliating body searches and
inspections, especially in the body of women who come to visit. States should use
technological or other appropriate methods, including for the search of their own
personnel, so as to minimize such degrading procedures.
25.
In the concluding chapter, the Commission highlights that the reform and
social rehabilitation of convicted persons, as an essential aim of the deprivation of liberty
(Article 5.6 of the Convention), are public safety guarantees 11 as well as rights of the
individuals deprived of liberty. Therefore, this provision is a norm with its own content and
scope of which is derived from the corresponding obligation of the State to implement
programs of work, study and other services necessary for the detainees to have the choice
of a dignified life project. This duty of the State is particularly relevant when considering
that in most countries of the region the prisons are populated mostly by young people who
are in the prime of their lives.
26.
Furthermore, the Inter‐American Commission on Human Rights positively
considers the transparency of many States to recognize the presence of important
challenges in this area, as well as the need for significant reforms to overcome them. In this
sense, when researching for the preparation of this report, the IACH has taken note of all
measures and initiatives that States have identified as recent advances in compliance with
its international obligations regarding the persons deprived of liberty. In this regard, there
have been interesting initiatives related to the provision of medical services in prisons, with
the signing of cooperation agreements with educational institutions; the formation of
proposals to encourage the creation of new work options for inmates; and even some have
taken into consideration interesting options to support and monitor the post‐detention. All
the initiatives lead to the conclusion that it is possible to create positive changes in this
area and address the major challenges faced by member States of the OAS
11
IACHR, Access to Justice and Social Inclusion: The Road Towards Strengthening Democracy in Bolivia,
OEA/Ser.L/V/II. Doc. 34, adopted on June 28, 2007, (hereinafter “Access to Justice and Social Inclusion: The Road
Towards Strengthening Democracy in Bolivia”), Ch. III, para. 209.
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