Human Rights Behind Bars: Tracing Vulnerability in Prison Populations Across Continents from a Multidisciplinary Perspective

Description

This book brings together leading authorities from the fields of international human rights law, criminology, legal medicine, and political science with international human rights judges and UN experts to analyze the current situation of detainees in Europe, the Americas and Africa. This comprehensive volume offers a platform for reflecting on the complexity of the prison problem from a multidisciplinary perspective. The authors address detention-related issues with the aim of generating new ideas that contribute to both academic discussion and critical analysis. Academic dialogue across the globe provides insights into various national and international carceral systems and how they deal with human rights behind bars. At the same time, the critical comparison helps to identify basic needs and practices that can work in multiple settings.  The contributors are respected experts and leading scholars in their fields, and each has pursued prison and human rights research over the last decades. However, this is the first time that they have come together in a multidisciplinary academic project.   This book aims to stimulate diverse actors to imagine alternative ways of engaging with persons deprived of their liberty, in academia and in practice.  Preface Contents Contributors Abbreviations Tracing Vulnerability in Prison Populations Across Continents from a Multidisciplinary Perspective Reference Part I: Prison-Related Studies of Judges, UN Experts, Commissioners and Other Senior Staff of Human Rights Bodies The United Nations Global Study on Children Deprived of Liberty: `Leaving No One Behind, in Particular Children Behind Bars´ 1 Introduction 2 Key Findings of the United Nations Global Study on Children Deprived of Liberty 2.1 Children Deprived of Liberty in the Administration of Justice 2.2 Children Living in Prisons with Their Primary Caregivers 2.3 Children Deprived of Liberty for Migration-Related Reasons 2.4 Children Deprived of Liberty in Institutions 2.5 Children Deprived of Liberty in the Context of Armed Conflict 2.6 Children Deprived of Liberty on National Security Grounds 3 Key Findings of the Cross-Cutting Areas of the Global Study 3.1 Impacts on Health of Children Deprived of Liberty 3.2 Children with Disabilities Deprived of Liberty 3.3 Gender Dimension 3.4 Views and Perspectives of Children Deprived of Liberty 4 Key Recommendations of the Global Study on Children Deprived of Liberty 5 Follow-Up Initiation and Dissemination of the Global Study 6 The Impact of the COVID-19 Pandemic on Children Deprived of Liberty References The Implications of the Principle of Equality and Non-discrimination on the Rights of Persons Deprived of Liberty in the Inter... 1 Introduction 2 Unjustified Limitations of the Rights of Persons Deprived of Liberty Because of Their Status 2.1 Health Care 2.2 Visitation and Transfers 3 Specific Standards Regarding Particular Groups of Persons Deprived of Liberty 3.1 Women Deprived of Liberty 3.2 LGBTI Persons Deprived of Liberty 3.3 Indigenous Persons Deprived of Liberty 3.4 Migrants and Asylum Seekers, Including Children 3.5 Persons with Disabilities 3.6 Adolescents Deprived of Liberty 3.7 Members of Religious Minorities 4 The Underexplored Issues 5 Conclusion References Cases Publications Prison Overcrowding and the Developing Case-Law of the European Court of Human Rights 1 Introduction 2 The Concept of Prison Overcrowding 3 Evolution of the Court´s Case-Law 4 The Mursić Judgment 4.1 The Mursić Case 4.2 Reaffirming the General Principles of the Convention Prison Law 4.3 The Standard of Minimum Personal Space 4.4 The (Non-)absolute Relevance of the Space Factor 4.5 The Outcome in Mursić 5 The Post-Mursić Developments 6 Conclusion References Untitled Part II: Prison-Related Studies of Human Rights Scholars Solitary Confinement of Juveniles in Europe 1 Introduction 2 A Note on Method 3 Solitary Confinement: Harmful Effects and Vulnerability 4 International and European Human Rights Law Positions on the Use of JSC 4.1 JSC and Ill-Treatment 4.2 JSC and Purpose 4.3 JSC and the Problem with Soft Law Pronouncements 5 JSC in Europe: Prevalence and Lawful Duration in COE States 6 JSC and Themes Across COE States 6.1 The Separation of Law and Practice 6.2 Medical Considerations and the Use of JSC 6.3 Practical Challenges and the Use of JSC 7 The United Kingdom and JSC: A Case Study 7.1 Themes in the 2019 CPT Visit and JCHR Report 7.2 R (AB (A Child) v Secretary of State for Justice 8 Conclusions References Law and Soft Law Sources International European Cases European Court of Human Rights United Kingdom The Rights of Persons Deprived of Liberty in Latin America: From the Perspective of an ius constitutionale commune 1 Introduction 2 Normative Framework from an ICCAL Perspective 3 IACtHR-Led Dialogue to Build Common Standards for Latin America 4 The Rights of Persons Deprived of Liberty in the Light of Challenges and Perspectives for Democracy in Latin America 4.1 Life in Dignity as the Intangible Core of Democracy 4.2 New Challenges to Democracy in the Face of COVID-19 4.3 Cases of ``Best Practice´´: Perspectives for Democracy and the Rights of Persons Deprived of Their Liberty 5 Conclusions References Transformative Provisional Measures and Prisons in the Americas: Protecting the Invisibles 1 Introduction 2 Transformative Provisional Measures in the Inter-American Human Rights System 2.1 Provisional Measures: A Brief Introduction 2.2 Transformative Provisional Measures: Concept and Scope 3 Transformative Provisional Measures Applied in Prisons: The Latin-American Context 3.1 Transformative Provisional Measures 3.2 The Impact of Covid-19 in Latin-American Prisons 4 Transformative Provisional Measures Applied in Brazil´s Prisons 5 Instituto Penal Plcido de S Carvalho v. Brazil: Case Study 6 Prison Crises Beyond Brazil 6.1 Colombian Constitutional Court 6.2 US Supreme Court 6.3 The European Court of Human Rights 7 Specific Considerations 8 Conclusions References Case Law Literature LGBTI Persons Deprived of Liberty: Overrepresented, Extremely Vulnerable and De Jure Invisible 1 Introduction 2 European Human Rights Regime 2.1 General Context 2.2 Addressing Prison Conditions for LGBTI Inmates in Europe 2.3 Jurisprudence on Prison Condition for LGBTI Inmates in Europe 2.3.1 Ill-Treatment 2.3.2 Solitary Confinement 2.3.3 Conjugal Visits 2.3.4 To be Continued 3 The Americas 3.1 General Context 3.2 Addressing Prison Conditions for LGBTI Inmates in the Americas 3.3 Jurisprudence on Prison Conditions for LGBTI Individuals in the Americas 3.3.1 Ill-Treatment 3.3.2 Conjugal Visits 4 Africa 4.1 General Context 4.2 Addressing Prison Conditions for LGBTI Inmates in Africa 4.3 Jurisprudence on Prison Conditions for LGBTI Inmates in Africa 5 UN Treaty Bodies 5.1 General Context 5.2 Addressing the Criminalization of Sexual Orientation at the UN Level 5.3 Addressing Prison Condition for LGBTI Inmates at the International Level 5.3.1 The Issue of Segregation 5.4 Jurisprudence on Prison Conditions for LGBTI Inmates at the International Level 5.4.1 Ill-Treatment 6 Conclusion References Cases Literature Part III: Prison-Related Studies of Scholars in Legal Medicine and Health Covid-19 Lessons for Health and Human Rights in Prison 1 Introductory Summary 2 Health in Prisons 3 The Covid-19 Pandemic 4 The Human Rights Dimension 5 Health and Human Rights 6 Possible Interventions and Strategies 7 Prison Abolitionism Movements 8 Conclusion References Human Rights and Prison Medicine: Protecting the Rights of Older Patients Deprived of Liberty 1 The Increase of Older Persons Deprived of Liberty 2 The Health of Older Imprisoned Persons 3 Economic Issues Related to Health Care Costs of Older Prisoners 4 Ethical and Legal Aspects 5 The Principle of Equivalence of Care 6 Access to Age-Appropriate Institutions at Old Age 7 Working After Retirement 8 Inadequate Living Conditions and Unmet Health Care Needs 9 Dying in Prison, Compassionate Release and Access to Palliative Care 10 Special Vulnerabilities of Female Prisoners 11 Increased Risk of Exposure to Violence 12 Accelerated Biological Ageing 13 Social Justice 14 Conclusions References Discontinuation of Adequate Opioid Agonist Treatment in Prison: A Violation of Human Rights 1 Introduction 2 Opioid Agonist Treatment (OAT) 2.1 Substances Used for OAT 3 OAT in Prisons 4 Health Inequality in German Federal States 4.1 Health Inequality 4.2 OAT in Prisons: The Situation in German Federal States 4.3 OAT in Prisons Worldwide 5 Reasons for the Inequality of OAT Provision in Prisons and in the Community 6 Why should OAT be a Standard Therapy Both in Prison and Outside of Prison? 6.1 Reduced Use of Illicit Drugs and All-Cause Mortality 6.2 Reduced Risk of Relapse After Release 6.3 Reduced Spread of HIV and Hepatitis C 6.4 Further Benefits of OAT for People with Opioid Use Disorder Living in Prison 7 Conclusions Annexes References Part IV: Prison-Related Studies of Criminologists and Political Scientists Monitoring Prisons: A Study of the Ongoing Dialogue Between the European Committee for the Prevention of Torture and Inhuman o... 1 Introduction 2 Classifying Responses to Observations and Recommendations of the CPT: A Typology 3 Findings 3.1 Types of Responses and Response Categories 3.2 Responses by Subject Area of Prison Policy 3.3 Responses by Type of CPT Visits 4 Discussion 5 Conclusion References Solitary Confinement and the Meaning of `Meaningful Human Contact´ 1 Introduction 2 Solitary Confinement and `Meaningful Human Contact´ in Human Rights Instruments 3 How Have Monitoring Bodies Interpreted `Meaningful Human Contact´? 4 Legislative Provisions Defining `Meaningful Human Contact´ 5 Solitary Confinement, `Meaningful Human Contact´ and the Courts 6 The Meaning of `Meaningful Human Contact´: Discussion 6.1 The Importance of Direct Face to Face Contact, Including Touch, for Mental Health and Emotional Development 6.2 How Remote Communication Differs Qualitatively from Face to Face Human Contact 7 Conclusions References International Legal Instruments Torture Prevention in Latin America: Rights of Persons Deprived of Liberty and the Role of National Preventive Mechanisms 1 Introduction 2 Preventing Torture: OPCAT Implementation and NPM Designation 2.1 Innovation in the Global Torture Prohibition Regime: OPCAT 2.2 OPCAT in Latin America 2.3 Explaining OPCAT Implementation 3 NPM Designation in Latin America 3.1 Experimental Designation in Argentina 3.2 Cooperative Designation in Costa Rica 3.3 Political Designation in Peru 3.4 Sham Designation in Mexico 4 Conclusion References Concluding Remarks: Examination and Suggestions from a Multidisciplinary Perspective