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Human Rights and Prisons - Rethinking Crime and Punishment

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practices, the rights of an ageing population – exemplified in policy <strong>and</strong><br />

practice – will require attention.<br />

Over recent years, this group have become a matter of concern across<br />

different jurisdictions. Aday (2006), Crawley (2007), Crawley <strong>and</strong> Sparks<br />

(2005), Prison Reform Trust (2008), Stojkovic (2007) <strong>and</strong> Wahidin (2006)<br />

highlight that the growth of older prisoner populations has a number of<br />

ramifications that are rights-relevant, as well as challenging for prison<br />

management. These include:<br />

<br />

<br />

Concerns about depression <strong>and</strong> stress – The first-time imprisonment of<br />

older offenders can bring particular social <strong>and</strong> emotional impacts.<br />

Older prisoners who have not previously dealt with prison conditions,<br />

rules <strong>and</strong> cultures are more likely to feel anxious, stressed <strong>and</strong><br />

depressed.<br />

Health Care Issues - The rising cost of providing adequate health care<br />

is a big challenge in meeting the needs of an ageing prison population.<br />

Research indicates that older prisoners will frequently suffer from a<br />

range of physical <strong>and</strong> mental/emotional problems, such as: arthritis,<br />

hypertension, heart problems, ulcers, diabetes, emphysema, strokes,<br />

hearing <strong>and</strong> vision problems, bladder problems, dementia, Alzheimer‟s,<br />

Parkinson‟s <strong>and</strong> short-term memory loss. They can have chronic <strong>and</strong><br />

complex needs.<br />

These realities raise issues of specialised medical care, including the<br />

care of critically or terminally ill prisoners. In addition, there are issues<br />

of more general health care. For example, given that prisoners have to<br />

be pay for specialist items – such as hearing aids – this would seem to<br />

place an extra burden on older prisoners who are more likely to require<br />

these items. The needs of older populations also require consideration<br />

in the design <strong>and</strong> build of prison facilities. Generally, the design <strong>and</strong><br />

practices of prison life (the stairs, walkways, distances, queues, shower<br />

facilities <strong>and</strong> so on) are not constructed to meet the needs of elderly<br />

people.<br />

<br />

<br />

Programmes <strong>and</strong> Rehabilitation Issues – International evidence also<br />

suggests that older prisoners are disadvantaged in terms of their<br />

access to educational or vocational programmes. The reason for this is<br />

that these programmes are often already oversubscribed <strong>and</strong> prison<br />

staff can regard older prisoners as having a lesser eligibility compared<br />

to younger prisoners.<br />

Cultural Issues – Research has also pointed to the dominant approach<br />

taken by prison staff to older prisoners. For instance, Crawley <strong>and</strong><br />

Sparks (2005) noted that while some prison officers approached older<br />

prisoners with enthusiasm, voluntary assistance <strong>and</strong> imagination, the<br />

majority tended to ignore them. As they put it, prison officers did not<br />

want to be „working in an old folks home‟; frailty was redesignated as<br />

attention-seeking or as a source of amusement; <strong>and</strong> the needs of older<br />

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