Chapter 8 • International Legal Standards for the Protection of Persons Deprived of Their Liberty liberty enjoy all the rights set forth in the Covenant, subject to the restrictions that are unavoidable in a closed environment.”73 Furthermore, the Human Rights Committee has emphasized that “treating all persons deprived of their liberty with humanity and with respect for their dignity is a fundamental and universally applicable rule”, which, “as a minimum, cannot be dependent on the material resources available in the State party”, and which must be applied without discrimination.74 In considering whether the States parties have fulfilled their treaty obligations in this respect, the Committee will have regard to the relevant United Nations standards applicable to the treatment of prisoners to which reference is made throughout this chapter. Second, the prohibition on discrimination as found in articles 2(1) and 26 of the International Covenant on Civil and Political Rights, article 2 of the African Charter on Human and Peoples’ Rights, articles 1(1) and 24 of the American Convention on Human Rights and article 14 of the European Convention on Human Rights is, of course, fully applicable to all detained or imprisoned persons. The principle of non-discrimination is also found in article 6(1) of the Standard Minimum Rules for the Treatment of Prisoners, Principle 2 of the Basic Principles for the Treatment of Prisoners, and Principle 5(1) of the Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment. The prohibition on discrimination does not, however, exclude reasonable distinctions made between different detainees and/or prisoners which are objectively justified by their specific needs and status. Third, accused persons “shall, save in exceptional circumstances, be segregated from convicted persons and shall be subject to separate treatment appropriate to their status as unconvicted persons” (cf. inter alia art. 10(2)(a) of the International Covenant and art. 5(4) of the American Convention). As noted by the Human Rights Committee, “such segregation is required in order to emphasize their status as unconvicted persons who at the same time enjoy the right to be presumed innocent”.75 Consequently, they also have a right to more favourable treatment than convicted prisoners, such differential treatment not being a form of discrimination but a justified distinction made between the two groups of persons. This issue will be further dealt with below, in subsection 4.2.1. Fourth, as to those persons who are convicted, the penitentiary system shall have as its essential aim the reformation and social rehabilitation/re-adaptation of the prisoner concerned (art. 10(3) of the International Covenant and art. 5(6) of the American Convention). According to the Human Rights Committee “no penitentiary system should be only retributory”, but “should essentially seek the reformation and social rehabilitation of the prisoner”.76 In submitting their periodic reports, the States parties must therefore provide “specific information concerning the measures taken to provide teaching, education and re-education, vocational guidance and training and 73 See General Comment No. 21, in United Nations Compilation of General Comments, para. 3 at p. 142. 74 Ibid., para. 4; emphasis added. 75 Ibid., pp. 142-143, para. 9; emphasis added. 76 Ibid., p. 143, para. 10. 338 Human Rights in the Administration of Justice: A Manual on Human Rights for Judges, Prosecutors and Lawyers