Human Rights and Prisons - Rethinking Crime and Punishment
Human Rights and Prisons - Rethinking Crime and Punishment
Human Rights and Prisons - Rethinking Crime and Punishment
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4. Material Conditions<br />
Material conditions are very important to the prisoner experience. After all,<br />
during incarceration, prisoners lose the ability to influence matters that greatly<br />
affect their well-being <strong>and</strong> health, including their access to fresh air, food,<br />
water, sanitary facilities, heating or decent clothing (Nowak, 2009).<br />
Law <strong>and</strong> policy framework<br />
The Corrections Act 2005 details its compliance with the United Nations<br />
St<strong>and</strong>ard Minimum Rules for the Treatment of Prisoners. Sections 70 to 78 of<br />
the Act establish the minimum entitlements that prisoners can expect. These<br />
include:<br />
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Physical exercise – at least one hour per day in the open air, weather<br />
permitting;<br />
A separate bed/mattress <strong>and</strong> sufficient clean bedding for warmth,<br />
health <strong>and</strong> reasonable comfort;<br />
Food <strong>and</strong> drink – a sufficient quantity of wholesome food <strong>and</strong> drink<br />
(based on the food <strong>and</strong> nutritional guidelines issued by the Ministry of<br />
Health <strong>and</strong> drinking water st<strong>and</strong>ards); as far as practicable, allowing for<br />
religious, spiritual, medical <strong>and</strong> cultural needs;<br />
Access to private visitors – at least one private visitor per week for a<br />
minimum of 30 minutes (all visitors are to be approved through an<br />
application process);<br />
Access to statutory visitors <strong>and</strong> specified visitors – which include<br />
Inspectors, Ombudsmen or Visiting Justices, consular representatives,<br />
MPs <strong>and</strong> members of the <strong>Human</strong> <strong>Rights</strong> Commission;<br />
Access to legal advisors – they may visit at any time; if the proposed<br />
time is unsuitable, the manager must nominate a reasonable,<br />
alternative time; interviews must be out of hearing of others <strong>and</strong> (with<br />
prison manager‟s agreement) out of sight of others;<br />
Medical treatment – entitled to receive medical treatment that is<br />
reasonably necessary; the st<strong>and</strong>ard of health care must be reasonably<br />
equivalent to that available to the public;<br />
To send <strong>and</strong> receive mail – may send/receive as much mail as prisoner<br />
wishes, subject to some restrictions;<br />
To make outgoing telephone calls – at least one outgoing call of up to<br />
five minutes per week, at prisoner‟s own expense;<br />
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