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The Protection of Prisoners' Rights in International Law.

Record Type:	Electronic resources : Monograph/item
Title/Author:	The Protection of Prisoners' Rights in International Law.
Author:	Chimatilo, Cynthia Carlos.
Published:	Ann Arbor : ProQuest Dissertations & Theses, 2022
Description:	81 p.
Notes:	Source: Masters Abstracts International, Volume: 84-04.
Notes:	Advisor: Laubscher, Roxan.
Contained By:	Masters Abstracts International84-04.
Subject:	Food.
Online resource:	http://pqdd.sinica.edu.tw/twdaoapp/servlet/advanced?query=29356135
ISBN:	9798351499543

The Protection of Prisoners' Rights in International Law.
Chimatilo, Cynthia Carlos.

The Protection of Prisoners' Rights in International Law. - Ann Arbor : ProQuest Dissertations & Theses, 2022 - 81 p.

Source: Masters Abstracts International, Volume: 84-04.

Thesis (L.L.M.)--University of Johannesburg (South Africa), 2022.

This item must not be sold to any third party vendors.

Human rights belong to all humans, it is what allows us to be who we are in society and to be protected. When you break the law, you get sent to prison. Prison is how the law ensures you pay your debt to society. Prison is meant to rehabilitate an offender so that they can re-enter society and make a meaningful contribution. Some prisons however are not rehabilitation centres, they are places of extreme punishment and human rights violations. Prisoners continue to be bearers of rights and have their rights respected. Prisoners have rights that are specific to them. These rights ensure that their dignity is respected and that they receive humane treatment. Being a prisoner does not equal forfeiture of recognised human rights, their rights may merely be justifiable and reasonably limited. There are various international and regional instruments that set the minimum standards for the treatment of prisoners. However, the standards set out in these instruments are either not implemented or their implementation is inadequate. This study focusses on the conditions in African prisons. Two major issues are identified. These are the rights of pre-trial detainees and the right not to be tortured or treated in a cruel and inhumane manner. Research on how these rights are supposed to be protected, expose even more underlying issues. With regard to pretrial rights, the study exposes the extent of Africa’s high number of pre-trail detainees. Many cases never make it to court because prisoners either die in prison, cannot afford to pay for legal services, or cannot afford to pay bribes. Although international law states that pre-trial detention should only be used as a last resort, African prison systems are too reliant on pre-trial detention. The case studies of African states included in this study illustrate just how dire the situation is for these prisoners. In addition, pre-trial detention leads to overcrowding and puts strain on already volatile prison systems. Furthermore, international law prohibits torture in any form, even during a state of emergency. Nonetheless, some prisons are little more than torture chambers. Prisoners any many African states are beaten, burnt, shot and told to dig their own graves. Aside from physical torture, some prisoners are not being given access to adequate food or sanitary facilities. The country case studies reveal a horrifying tale of torture in African prisons. Torture can however be dealt with by enacting policies that prevent torture and providing for punishment for prison officials involved in torturing.Despite the bleak prison situation in Africa, there are possible solutions. These solutions cannot be implemented overnight, however, if implemented properly, these solutions may bring great relief for both prisoners and government officials over time. The most important solution is to consider non-custodial measures. Prison sentences do not have to be the only solution Furthermore, states should offer better access to legal services and bail thresholds should be set to avoid courts granting bail amounts that offenders cannot afford. Another solution is for human rights institutions to play a more active role in educating prisoners on their rights and advocating for the rights of prisoners.

ISBN: 9798351499543Subjects--Topical Terms:

216150
Food.

The Protection of Prisoners' Rights in International Law.
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