THE RIGHT TO HEALTH IN PRISON:
RESULTS OF A NATIONWIDE SURVEY AND REPORT
2.47 As emphasised by the International Centre for Prison Studies “it is quite
wrong to suggest that treating prisoners with humanity and fairness will
lead to a reduction in security or control. In fact, fairness and legitimacy
are not only critical to wellbeing in prisons, but have demonstrable effects
on order.”43
2.48 Further, Penal Reform International and the Association for the Prevention
of Torture (APT) have aptly commented that “when a state deprives a
person of their liberty, it incurs a duty of care to ensure that the dignity of
that person is respected. States must also ensure that prisons are safe and
secure for detainees, staff, visitors and the outside community. These two
obligations are not contradictory, but go hand in hand, as security can be
best ensured in a well ordered and justly administered system, which treats
prisoners with humanity and fairness.44”
2.49 Therefore, the Commission advises that human rights can be operationalised
into prison practices if prison policies compliant with human rights
standards are put in place to authoritatively guide the Prisons Department
and administration when implementing measures in the name of security.
Balancing security and dignity in prisons: A framework for preventive monitoring. Accessed via http://www.penalreform.
org/wp-content/uploads/2013/11/security-dignity-v8-final_for-web.pdf on 31/3/2016
44
Ibid
43
30