THE RIGHT TO HEALTH IN PRISON: RESULTS OF A NATIONWIDE SURVEY AND REPORT Non-Treaty Standards 2.22 In addition to treaties, international declarations, principles and standards also have the force of international law. Some of these principles and standards are referred to as “customary international law” and some are referred to as “general principles” of international law. 2.23 The non-treaty standards applicable to prisoners include the Standard Minimum Rules for the Treatment of Prisoners, the Body of Principles for the Protection of All Persons under any form of Detention or Imprisonment and the Basic Principles for the Treatment of Prisoners. 2.24 The Basic Principles for the Treatment of Prisoners in paragraph 5 states: “Except for those limitations that are demonstrably necessitated by the fact of incarceration, all prisoners shall retain the human rights and fundamental freedoms set out in the Universal Declaration of Human Rights, and, where the State concerned is a party, the International Covenant on Economic, Social and Cultural Rights, and the International Covenant on Civil and Political Rights and the Optional Protocol thereto, as well as such other rights as are set out in other United Nations covenants.” 2.25 One very significant human right of prisoners is the right to be treated with humanity and with respect for the inherent dignity of the human person while in prison.27 This right is also set out in Article 37 of the Convention on the Rights of the Child (CRC)28 and in the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment (CAT).29 Article 10(1) ICCPR: “All persons deprived of their liberty shall be treated with humanity and with respect for the inherent dignity of the human person.” 28 Article 37 CRC: “States Parties shall ensure that: (a) No child shall be subjected to torture or other cruel, inhuman or degrading treatment or punishment. Neither capital punishment nor life imprisonment without possibility of release shall be imposed for offences committed by persons below eighteen years of age; (b) No child shall be deprived of his or her liberty unlawfully or arbitrarily. The arrest, detention or imprisonment of a child shall be in conformity with the law and shall be used only as a measure of last resort and for the shortest appropriate period of time; (c) Every child deprived of liberty shall be treated with humanity and respect for the inherent dignity of the human person, and in a manner which takes into account the needs of persons of his or her age. In particular, every child deprived of liberty shall be separated from adults unless it is considered in the child’s best interest not to do so and shall have the right to maintain contact with his or her family through correspondence and visits, save in exceptional circumstances; (d) Every child deprived of his or her liberty shall have the right to prompt access to legal and other appropriate assistance, as well as the right to challenge the legality of the deprivation of his or her liberty before a court or other competent, independent and impartial authority, and to a prompt decision on any such action.” 29 Adopted and opened for signature, ratification and accession by General Assembly resolution 39/46 of 10 December 1984. Entry into force 26 June 1987, in accordance with article 27 (1). 27 22