Human Rights and Prisons - Rethinking Crime and Punishment

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are concerns about educational provisions for those under 19, and educational / library provisions generally. Concerns about excessive periods of lock-down remain. An „8am to 5pm‟ unlock regime is routine in high-security units and is also undertaken, for operational reasons (such as staff shortages), in other units. There are also ongoing issues around the scheduling of programmes, and a need to reflect on expectations about what such programmes may achieve. There has been progress with regards to a more „joined-up‟ approach to community reintegration, which should be continued and enhanced. There are examples of progress in advancing prisoners‟ contact with family/whānau. These require consistent implementation and expansion. Health Services Prisoners‟ right to health is an ongoing issue. Prisoners are entitled to receive a standard of health care that is reasonably equivalent to that available to the general public. Prisoners tend to have more complex health needs and a higher number of health related issues than the general population. Many prisoners enter prison with existing and sometimes chronic health problems, serious mental illnesses or substance misuse problems. In light of these health issues, there is a particular need to further develop prisoner access to medical treatment (including access to dental care), as well as to establish further primary or preventive care with regards to mental health. Relatedly, there is a need for increased attention and ongoing monitoring and review of self-harm and unnatural deaths, both during imprisonment and in post-release periods. Staffing Staff-to-prisoner ratios have improved slightly since 2004, but still need improvement. The ongoing growth in the prison population has increased pressures on staff. There remains a need to further develop staff training in terms of enhancing skill-sets with regards to particular groups (eg working with female prisoners) and issues (such as human rights training or specific mental health training). General Concerns The review shows that social, cultural, legal and institutional practices can all undermine human rights standards in prisons. Overall, the the current use and growth of imprisonment in New Zealand is concerning. 8
1. Introduction The protection of inmates‟ rights demands urgent attention. If we are as a community at all concerned about human rights then it must be recognised that inmates are at a greater risk than any other group. They are vulnerable because they are out of sight and without credibility in the public‟s eyes, which makes it all the more important that the rights of prisoners should be strictly observed (Ministerial Committee of Inquiry, 1989:26.3). Prisoners tend to be those who have not previously enjoyed secure access to human rights. They are predominantly poor, badly educated, in poor physical and mental health, and from situations of unemployment and underemployment (Scott, 2008; Smith and Robinson, 2006). In New Zealand, over half of prisoners are Māori, and Pacific people are also overrepresented in the prison estate. Given these issues, it is evident that many prisoners represent some of the most disadvantaged members of society. Indeed, there are numerous commentators (Carlen and Worrall, 2004; Coyle, 2001; Owers, 2006, 2008; Scott, 2008; McCulloch and Scraton, 2009) who argue that imprisonment is used as a means to respond to wider social, economic or cultural violations of rights – prisons are used to „mop up‟ those who have ongoing mental health problems, those who cannot find secure work due to poor education or those who arrive at the borders seeking asylum. At the same time, there are increasing expectations that prisons should be able to do, and provide, everything. Prisons are, for instance, expected to punish, deter, rehabilitate and reform. These punishment principles have each been critiqued in terms of what can actually be achieved within a prison environment. From this, it is worth stating from the outset that we might have a bigger discussion about the function of prison and to „bring into check‟ our assumptions about what prisons can actually do. This literature review evaluates human rights issues in the penal context, focussing primarily on the period 2004-2010. It details some of the laws, legal decisions, policies and practices that underpin day-to-day life in Correctional institutions. In doing so, it sets out some of the main concerns with regards to the detention of adults and young people in New Zealand prisons. These issues are important to address, not only for those detained or working within the penal estate, but also for our families and communities. The review is principally based on publicly available material. However, on a number of topics, current New Zealand data and literature is not available. Where this is the case, the review highlights relevant debates from jurisdictions with similar custodial cultures and practices (such as the UK or Australia) – the purpose of this approach is to illustrate key issues that may well have resonance at a local level. Nonetheless, the limits on local material is less than ideal and points to the need for further research on many aspects of penal practice and experience in New Zealand. 9
Page 2 and 3: Contact the Human Rights Commission
Page 4 and 5: 10. Staff .........................
Page 6 and 7: Executive Summary This literature r
Page 10 and 11: 2. The Cultural and Legal Context R
Page 12 and 13: this context, the law is one crucia
Page 14 and 15: Significant New Zealand case law ha
Page 16 and 17: Reconviction and reimprisonment rat
Page 18 and 19: dominance of custody is also assert
Page 20 and 21: On a financial level, this increasi
Page 22 and 23: Zealand „will offer savings of be
Page 24 and 25: In response to such criticisms, the
Page 26 and 27: For instance, overseas studies (Cra
Page 28 and 29: surveillance, control and managemen
Page 30 and 31: 4. Material Conditions Material con
Page 32 and 33: Issues The accommodation for prison
Page 34 and 35: However, it has been used for perio
Page 36 and 37: Health dietician who provides input
Page 38 and 39: 5. Activities Law and policy framew
Page 40 and 41: across the penal estate (and within
Page 42 and 43: Sex Offender Treatment Programme -
Page 44 and 45: That „therapunitive‟ prisons re
Page 46 and 47: The consolidation of programmes tha
Page 48 and 49: Educational Achievement (NCEA); Sec
Page 50 and 51: Ultimately, she argues for the esta
Page 52 and 53: up to five minutes per week (s77(3)
Page 54 and 55: Issues Volunteers can provide a who
Page 56 and 57: There are concerns about telephone
Page 58 and 59:
The use of temporary release so tha
Page 60 and 61:
Reintegration Unit - currently avai
Page 62 and 63:
6. Health Services Law and policy f
Page 64 and 65:
In reply to such long-lived argumen
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suggests that Corrections staff are
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Applications for the compulsory ass
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when a prisoner‟s mental health d
Page 72 and 73:
Restraints must be compatible with
Page 74 and 75:
used. A rub-down of the person may
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The UN Basic Principles for the Tre
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As noted previously (Section 7.2),
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An inability to cope with the initi
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azor blade policy, under which high
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The Department has also issued a Di
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of young people. The Ministry of Ju
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foster care, multi-systemic therapy
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prisoners were ignored. Such approa
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in a study that exposed the limits
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sexual abuse. However, they also no
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Kaumatua have official standing as
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of detention together with convicte
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9. Protection Measures This section
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9.3 Disciplinary Procedures Law and
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would help to increase prisoner con
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Alongside the Ombudsmen‟s Office,
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and Victims’ Claims Act 2005 that
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10. Staff Law and policy framework
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10.2 Culture Unlike the literature
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eality, the numbers of new staff wi
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Employees should perform their duti
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11. Conclusion This review has show
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Staff-prisoner ratios require impro
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Moreover, New Zealand‟s use of pr
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the Minister of Corrections on a ra
Page 126 and 127:
The Sentencing Amendment Act (No 2)
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12.2 Relevant New Zealand Legal Cas
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eginning of the process was a proce
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to be provoked must be assessed obj
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Distinction Between Prison Discipli
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to protect complainants who allege
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Refusal To Attend A Funeral Can Be
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Treatment Example Of Degrading Trea
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Mandatory Life Imprisonment Without
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Brennan N (2010) „Prison Staff to
Page 146 and 147:
Coyle A and Stern V (2004) „Capti
Page 148 and 149:
Treatment or Punishment, In the Mat
Page 150 and 151:
HM Chief Inspector of Prisons (2009
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Liebling A (2006) „Suicides in Pr
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Ministry of Justice (2007) Conventi
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Ombudsmen‟s Office (2007b) Invest
Page 158 and 159:
Sachdev S (2008) „Private Punishm
Page 160 and 161:
Tolmie J (2007) „Women and the Cr
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Human Rights and Prisons - Rethinking Crime and Punishment

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