THE RIGHT TO HEALTH IN PRISON:
RESULTS OF A NATIONWIDE SURVEY AND REPORT
4.143 In this regard, the Commission underscores that the SMR make clear that
drinking water shall be available to every prisoner whenever he needs it
(Article 20(2)).168
(viii) Remand Prisoners
4.144 While the SMR contain basic requirements for the treatment of prisoners
awaiting trial (Rules 85-93), which includes the right to wear their own
clothing if clean and suitable,169 to remunerated work if they choose,170
and to procure reading and writing materials and other means of
occupation as long as they are compatible with the security and good
order of the prison,171 the Commission notes that the same rules in prison
apply to both convicted and unconvicted prisoners. However, prisoners
on remand (i.e. unconvicted prisoners) are not allowed to work or wear
their own clothing.
(ix)
Prison Staff
4.145 Prison staff and Officers carry out the operational task of running prisons
on a day-to-day basis. In this regard, the French General Controller of
Places of Deprivation of Liberty) has reported consistently since the
beginning of his mission, that “respect for human rights in prison … was
also dependent on the working conditions of staff.”172
4.146 Working in high-risk environments such as prisons may have serious
repercussions on the minds and bodies of prison staff.173
4.147 Besides issues such as the shortage of staff, low morale, high turnover,
funding needs and aging facilities, the Commission observed that prison
staff work long shifts that do not match the 9am-5pm working hours of
the general population, impacting the lives of not only prison staff but
also their families.
https://www.unodc.org/pdf/criminal_justice/UN_Standard_Minimum_Rules_for_the_Treatment_of_Prisoners.pdf accessed
on 23/2/16
169
Rule 88: (1) An untried prisoner shall be allowed to wear his own clothing if it is clean and suitable.
170
Rule 89: An untried prisoner shall always be offered opportunity to work, but shall not be required to work. If he chooses
to work, he shall be paid for it.
171
Rule 90: An untried prisoner shall be allowed to procure at his own expense or at the expense of a third party such books,
newspapers, writing materials and other means of occupation as are compatible with the interests of the administration of
justice and the security and good order of the institution.
172
http://www.penalreform.org/wp-content/uploads/2013/11/Factsheet-3-working-conditions-v5_final.pdf accessed on 23/2/16
173
Rogers, John B. (2001). FOCUS I Survey and Final Report: A Summary of the Findings: Families Officers and Corrections
Understanding Stress. Accessed via http://www.psychalive.org/working-behind-the-wall-mental-health-of-correctionalbased-staff/#_ftn2 on 23/2/2016.
168
96
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents