Prisoners rights has become an issue of ever increasing visibility since the middle of the last century. Concern for the rights of those incarcerated within our prisons has intensified with the rise of civil liberties in both Canada and England. Both countries have introduced measures which purport to guarantee fundamental rights and freedoms to their citizens, measures which it would be reasonable to assume, would further the advance of prisoners rights. And yet, progress remains decidedly sluggish. This thesis traces the evolution of rights philosophy, then considers the parallel developments of prisoners rights, penal philosophy and civil liberties and seeks to explain why the potential for advancement has not been fully realized. Prisoners are incarcerated having been found guilty of the most grave of criminal offences and as a consequence, it is perhaps a basic instinct which determines that retribution, and only retribution is warranted in such circumstances. In the age of human rights however, there is the wider picture to consider. This is an age where compassion, mercy and benevolence are to triumph over barbarism, destruction and senseless harm. The conflict between these competing perspectives cannot be dealt with merely by enacting legislation which compels the judiciary to consider claims in a different light, and can only be resolved through a revolution beginning with definitive stance in judicial treatment of prisoner right claims which embraces the philosophy of international human rights provisions. In order to be effective, this must be assisted by bringing about changes within the prison system itself which empower the prisoner and seek to eliminate the feelings of embitterment and resentment which commonly prevail amongst prisoners. The introduction of such measures will only be acceptable if society itself recognizes that imprisonment is transitory and that those who we incarcerate within the walls of our prison, will soon be among us.

Prisoners rights has become an issue of ever increasing visibility since the middle of the last century. Concern for the rights of those incarcerated within our prisons has intensified with the rise of civil liberties in both Canada and England. Both countries have introduced measures which purport to guarantee fundamental rights and freedoms to their citizens, measures which it would be reasonable to assume, would further the advance of prisoners rights. And yet, progress remains decidedly sluggish. This thesis traces the evolution of rights philosophy, then considers the parallel developments of prisoners rights, penal philosophy and civil liberties and seeks to explain why the potential for advancement has not been fully realized. Prisoners are incarcerated having been found guilty of the most grave of criminal offences and as a consequence, it is perhaps a basic instinct which determines that retribution, and only retribution is warranted in such circumstances. In the age of human rights however, there is the wider picture to consider. This is an age where compassion, mercy and benevolence are to triumph over barbarism, destruction and senseless harm. The conflict between these competing perspectives cannot be dealt with merely by enacting legislation which compels the judiciary to consider claims in a different light, and can only be resolved through a revolution beginning with definitive stance in judicial treatment of prisoner right claims which embraces the philosophy of international human rights provisions. In order to be effective, this must be assisted by bringing about changes within the prison system itself which empower the prisoner and seek to eliminate the feelings of embitterment and resentment which commonly prevail amongst prisoners. The introduction of such measures will only be acceptable if society itself recognizes that imprisonment is transitory and that those who we incarcerate within the walls of our prison, will soon be among us. / Law, Peter A. Allard School of / Graduate

A dissertation submitted in fulfilment of the requirements for the degree: Masters of Laws LLM by Dissertation (Research) LAWS8002 Faculty of Commerce, Law and Management - School of Law University of Witwatersrand, 2017 / Inmates’ rights are of utmost importance in shaping a democratic society based on human dignity, equality and freedom. The State cannot unjustifiably infringe on inmates’ rights and continue to play an active role in exacerbating correctional centre conditions. This study is of significance in confronting the reality of the plight of inmates’ rights violations in a country that is plagued with crime and scepticism towards acknowledging inmates’ rights. The dissertation offers a critical analysis of the impact of South Africa’s correctional centre conditions on inmates’ human rights in a constitutional democracy. The study unlocks three key correctional centre conditions that impact on inmates’ rights. These three correctional centre conditions have been identified as overcrowding, gangsterism and sexual violence, and access to healthcare facilities. In delving deeper into each of the aforementioned correctional centre conditions, international, regional and statutory instruments were examined. Thus, the dissertation also considered the extent of South Africa’s compliance with its international human rights and constitutional obligations to protect and enforce inmates’ rights. The study has investigated the State’s accountability in relation to South Africa’s infringement on inmates’ rights. This endeavour was realised by tracing trends and statistics from State reports. An enquiry into ground-breaking case law addressing the impact of correctional centre conditions on inmates’ rights demonstrated the need for, inter alia, Constitutional Court litigation as a form of recourse for inmates and emphasised the State’s responsibility to prohibit the cruel, inhuman and degrading punishment of inmates. The dissertation has observed that over a period of 20 years of democracy, South Africa’s correctional centre conditions have severely impacted on inmates’ rights directly and indirectly. It concludes that firstly, the primary problem of overcrowding is a global phenomenon and that there is no single solution to fully eradicate its spiralling consequences. Overcrowding infringes on inmates’ foundational rights - rights to accommodation, fair trial, food and privacy. Secondly, the impact of gangsterism and sexual violence in South African correctional centres has severely infringed on inmates’ rights and case law evidences that this correctional centre condition has been 6 ruled as cruel, inhuman and degrading punishment by the United Nations Human Rights Committee. This study observes that the incidence of rape in correctional centres is a common practice and there is a greater risk of transmission of communicable diseases. In the treatment of these communicable diseases, an inmate is dependent on State healthcare facilities. Thirdly, the dissertation concludes that there have been specific instances where there was limited or no access to healthcare facilities which infringed on an inmates’ right to healthcare and life. In this regard, the Constitutional Court has held the State accountable for the infringement of an inmate’s right to access healthcare facilities. Therefore, this dissertation clearly illustrates that South Africa does not comply with its international, regional and domestic obligations. Practical recommendations for reform of South Africa’s correctional centre conditions are then offered so as to prevent the infringement of inmates’ human rights. / XL2018

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This study critically analyses the protection and enforcement of inmates’ socio-economic rights in South Africa. For the purpose of this study inmates’ socio-economic rights include the right to adequate medical treatment, accommodation, nutrition and education. This analysis is informed by the fact that South African courts are struggling to interpret and enforce inmates’ socio-economic rights as required by the Constitution and international norms and standards. The objective of this study, therefore, is whether South Africa protects and enforces these rights as required by the Constitution and international norms and standards. In an attempt to resolve the problem, the methodology of this study relies on a legal methodology which focuses on a review of law books, journal articles, the constitutions, statutes, regulations and case law. The study concludes that South Africa protects and enforces these rights as required by the Constitution and complies with international norms and standards. However, the enforcement of these rights has to pay attention to the constitutional imperatives of interpreting the Bill of Rights. When interpreting inmates’ right to adequate medical treatment, it is imperative for the courts to unpack its content. The courts need to also promote the value of human dignity when determining whether overcrowding violates their right to adequate accommodation. The determination of whether their right to adequate nutrition has been violated should focus on whether inmates’ claim to cultural food is based on a sincere belief which could be objectively supported. Further, the Regulations should extend the right to cultural or religious food to all inmates. Lastly, it is the duty of the courts and the institutions of higher learning to ensure that inmates have access to the internet for study purpose. / Public, Constitutional, & International Law / LL.D.

This study critically analyses the protection and enforcement of inmates’ socio-economic rights in South Africa. For the purpose of this study inmates’ socio-economic rights include the right to adequate medical treatment, accommodation, nutrition and education. This analysis is informed by the fact that South African courts are struggling to interpret and enforce inmates’ socio-economic rights as required by the Constitution and international norms and standards. The objective of this study, therefore, is whether South Africa protects and enforces these rights as required by the Constitution and international norms and standards. In an attempt to resolve the problem, the methodology of this study relies on a legal methodology which focuses on a review of law books, journal articles, the constitutions, statutes, regulations and case law. The study concludes that South Africa protects and enforces these rights as required by the Constitution and complies with international norms and standards. However, the enforcement of these rights has to pay attention to the constitutional imperatives of interpreting the Bill of Rights. When interpreting inmates’ right to adequate medical treatment, it is imperative for the courts to unpack its content. The courts need to also promote the value of human dignity when determining whether overcrowding violates their right to adequate accommodation. The determination of whether their right to adequate nutrition has been violated should focus on whether inmates’ claim to cultural food is based on a sincere belief which could be objectively supported. Further, the Regulations should extend the right to cultural or religious food to all inmates. Lastly, it is the duty of the courts and the institutions of higher learning to ensure that inmates have access to the internet for study purpose. / Public, Constitutional, and International Law / LL. D.

In 2003, Congress passed the Prison Rape Elimination Act to address the problem of sexual violence in prison. Although research has shed light on the prevalence and incidence of sexual violence in U.S. prisons, few studies examine inmates’ perceptions of rape and safety from rape in prison. This study examined rape perceptions and the likelihood to seek mental health treatment in prison of three distinct groups of male inmates who are at greater risk of sexual victimization or exposure to sexual violence while incarcerated: gay and bisexual inmates, inmates with a juvenile incarceration history, and inmates who were first incarcerated in the adult criminal justice system during adolescence or emerging adulthood. This study examined the relationships between sexual orientation and inmates’ perceptions of the threat of rape and seeking of mental health treatment in prison. Data from 409 incarcerated men residing in 23 maximum security correctional institutions revealed that gay and bisexual inmates were significantly more likely than straight inmates to fear the threat of rape and to voluntarily request mental health treatment in prison. Incarcerated men with a history of childhood abuse were significantly more likely than inmates without an abuse history to fear the threat of rape. Having a history of childhood sexual abuse, identifying as black, and being incarcerated for longer than 18 years also significantly predicted increased likelihood to voluntarily request mental health treatment in prison. Implications for practice and policy are discussed. / Includes bibliography. / Thesis (M.S.)--Florida Atlantic University, 2016. / FAU Electronic Theses and Dissertations Collection

Summaries in Afrikaans and English / A prisoner who's behaviour is causing a security risk for his fellow prisoners, has to be separated from the rest of the prison population. His aggressive and violent attitude as well as his rejection of authority will lead to his incarceration at a super. maximum institution. The purpose of this thesis is to give a theoretical explanation on super maximum imprisonment. Aspects as prison architecture, the handling of the super maximum prisoner, the purpose and function of a super maximum prison and unit management as a form of prison management are observed. The subject is explained from a penological perspective. / Gevangenes wie se optrede 'n sekuriteits-risiko vir ander gevangenes inhou, moet apart aangehou word. Hul aggressiewe en gewelddadige optrede, asook hul verwerping van gesag veroorsaak dat hul na 'n super maksimum gevangenis verwys word, waar hul slegs vir die minimum voorregte kwalifiseer. Met hierdie proefskrif word daar gepoog om 'n teoretiese uiteensetting ten opsigte van die super maksimum gevangenis te verleen. Aspekte wat onder andere die aandag geniet is gevangenisargitektuur, die hantering van die super maksimum gevangene binne inrigtingsverband, die doel en funksie van 'n super maksimum gevangenis en eenheidsbestuur as mees geskikte bestuursvorm. Die doel word vanuit 'n bepaalde oogpunt nagestreef, naamlik die penologiese perspektief. / Penology / D. Litt. et Phil.(Penology)

Research into unit management in prisons was necessitated by a need to change the way in which South Africa deals with prisoners. The lack of respect for human dignity, poor control in prisons before and after demilitarisation and the need to reduce crime in South Africa are some of the reasons why the study became important. Topics addressed include the role of architecture in corrections, direct supervision to enhance active custody, renewed emphasis on individuals by means of case management and decentralised delivery of development and treatment programmes. Apart from the aspects mentioned above, the philosophy of unit management is spelled out. Imprisonment in countries such as Australia, Canada, Germany, Japan, South Africa and the United States of America is discussed against the background of the unit management philosophy. During any process of incarceration, documentation forms an integral part of the process. In this study, the researcher discussed those documents that could play an important role in unit management. The importance of unit management in prisons cannot be overemphasised. The investigation contributes largely to scientific knowledge in that the importance of sentence planning for each individual within the Criminal Justice System is emphasised. Individual case plans, active involvement from both the inmate and the correctional official and the positive role of prison design are aspects that should form part of all new generation prison systems. / Penology / D.Litt. et Phil. (Penology)

Submitted by Filipe dos Santos (fsantos@pucsp.br) on 2018-12-04T11:47:35Z No. of bitstreams: 1 Hellen Pereira Lara.pdf: 4261049 bytes, checksum: 30b3f4d9cc9c375727cc518855121b50 (MD5) / Made available in DSpace on 2018-12-04T11:47:35Z (GMT). No. of bitstreams: 1 Hellen Pereira Lara.pdf: 4261049 bytes, checksum: 30b3f4d9cc9c375727cc518855121b50 (MD5) Previous issue date: 2018-09-10 / Conselho Nacional de Pesquisa e Desenvolvimento Científico e Tecnológico - CNPq / This research is the result of inquiries relating to the many and cruel improsoned women`s rights violation in the prison system in the state of São Paulo. In order to carry out this study, the capitalist society`s path has been outlined considering this system as a way to underestimate women`s rights in this system. Furthermore, a prison system`s research was carried out in regards to mothers who are imprisoned as well as interviews with experts that work on this field in order to analyze how the Institutional policies in regards to the Public Deffender`s Office named “Mães em Cárcere“ [imprisoned mothers] as well as its performance and challenges. The policies for “Mães em Cárcere” were established in 2011 through dialogues involving Pastoral of Prisoners (Pastoral Carcerária), Land, Work and Citizenship Institute, Public Defender’s Office (Defensoria Pública) among other public institutions that aim at supporting this group. Given the fact that in the state of São Paulo is the place where an increase of criminality levels is observed, the research suggests there is a focus on criminalizing poor suburban work-class layers based on capital. This research finally aims at showing how our society violates these women`s rights leaving ever-lasting wounds in themselves and their families / A pesquisa que ora é apresentada é fruto de indagações referentes às diversas violações de direitos sofridas por mulheres mães encarceradas no sistema penitenciário do Estado de São Paulo. Para elaboração desta pesquisa, foi realizado um levantamento do percurso do sistema prisional em especial, no que tange as mulheres mães nessas instituições, como também, entrevistas com profissionais que atual nesse segmento. Ainda traz, conhecimento sobre a existência e de como se desenvolve a Política “Mães em Cárcere”, bem como sua atuação e seus principais desafios. A Política “Mães em Cárcere” foi constituída em 2011, através de diálogos entre a Pastoral Carcerária, Instituto Terra Trabalho e Cidadania (ITTC), Defensoria Pública e outros órgãos públicos, com objetivo de garantir os direitos das mulheres mães encarceradas, demarcando principalmente o Estado de São Paulo. Ademais, deu enfoque ao aumento abusivo do encarceramento em massa, com o discurso de atuar na chamada criminalidade, mas que demonstra uma clara intenção de criminalizar uma camada da classe trabalhadora que vive nos espaços mais segregados da sociedade, buscou-se nesta pesquisa, ressaltar as situações vivenciadas pelas mulheres mães encarceradas, sendo possível, constatar entre as diversas violações de direitos, que essas acontecem de formas brutais e perversas, deixando sequelas irreparáveis nas mulheres e suas famílias