Chapter 8 • International Legal Standards for the Protection of Persons Deprived of Their Liberty
also concerning work programmes for prisoners inside the penitentiary establishment
as well as outside”.77
In this respect, Rule 59 as read in conjunction with Rule 58 of the Standard
Minimum Rules for the Treatment of Prisoners provides that in order to enable the
prisoners “to lead a law-abiding and self-supporting life” upon discharge,
“the institution should utilize all the remedial, educational, moral, spiritual
and other forces and forms of assistance which are appropriate and
available, and should seek to apply them according to the individual
treatment needs of the prisoners”.
Principle 8 of the Basic Principles for the Treatment of Prisoners also
emphasizes the need for “meaningful remunerated employment which will facilitate
[prisoners’] reintegration into the country’s labour market and permit them to
contribute to their own financial support and to that of their families”.
According to Rule 89 of the Standard Minimum Rules, “an untried prisoner
shall always be offered opportunity to work, but shall not be required to work. If he
chooses to work, he shall be paid for it”. For further details as to the work of convicted
persons, see Rules 71-76 of the Standard Minimum Rules.
All persons deprived of their liberty have the right to be treated with
humanity and respect for their dignity. This is a fundamental and
universal rule which must be guaranteed at all times and independently of
States’ available material resources.
Every detained or imprisoned person has the right not be subjected to
discrimination.
Except in exceptional circumstances, suspects shall be separated from
convicted prisoners; unconvicted detainees have the right to be presumed
innocent until proved guilty and therefore also have the right to more
favourable treatment than convicted prisoners.
States have the duty to provide convicted prisoners with teaching and
training aimed at their reformation and social rehabilitation.
4.2 Accommodation
While the general human rights conventions contain no details of the
requirements with regard to the accommodation of detainees and prisoners, Rules 9-14
of the Standard Minimum Rules for the Treatment of Prisoners regulate, in particular,
sleeping, working and sanitary conditions.
Thus, Rule 9(1) provides that “where sleeping accommodation is in
individual cells or rooms, each prisoner shall occupy by night a cell or room by
himself. If, for special reasons, such as temporary overcrowding, it becomes necessary
for the central prison administration to make an exception to this rule, it is not desirable
to have two prisoners in a cell or room” (emphasis added). Where dormitories are used,
Human Rights in the Administration of Justice: A Manual on Human Rights for Judges, Prosecutors and Lawyers
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