Should inmates have rights in prison

International Bill of Rights: I. This organic document is also called as Human Rights Declaration. This important document provides some basic principles of administration of justice. Among the provisions in the document are follows: No one should be subjected to torture or to cruel, inhuman or degrading treatment or punishment[3]. Everyone has the right to life, liberty and security of person. No one shall be subjected to arbitrary arrest, detention or exile.

Every one charged with a penal offence has the right to be presumed innocent until proved guilty according to law in a public trial at which he has had all the guarantees necessary for his defence. Following relevant provisions of the covenants are as: No one shall be subjected to cruel, inhuman or degrading treatment or punishments. Everyone has the right to liberty and security of person.

No one shall be subject to arbitrary arrest or detention. All persons deprived of their liberty shall be treated with humanity and with respect for the inherent dignity of the human person[4].

No one shall be imprisoned merely on a ground of inability to fulfil a contractual obligation. Some important relevant rules are as follow: Principle of equality should prevail; there shall be no discrimination on grounds of race, sex, colour, religion.

Political or other opinion, national or social origin, property, birth or other status among prisoners[5]. Men and women shall so far as possible be detained in separate institution; Complete separation between civil prisoners and persons imprisoned by reason of criminal offence; young prisoners should be kept separate from the adult prisoners.

All sorts of cruel inhuman degrading punishments shall be completely prohibited. Availability of at least one qualified Medical officer with the knowledge of psychiatry. No state party shall expel, return or extradite a person who is in danger of being subjected to torture. State party should ensure that all acts of torture are offences under its criminal law. Indian Law: A. Constitution: The rights guaranteed in the part III of Indian Constitution are available to prisoners; because a prisoner is treated as a person in prison.

This article provides the basis for prison authorities to determine various categories of prisoners and their classification with the object of reformation. Indian constitution guarantees six freedoms to citizens of India, among which certain freedom can t be enjoyed by the prisoners. They are freedom of movement , freedom to residence and to settle and freedom of profession. But other freedoms conferred in this article are enjoyed by the prisoners.

Moreover, constitution provides various other provisions though cannot directly be called as prisoner s rights but may be relevant. Among them are Article 20 1 , 2 , and Article 21 and Article 22 Enactments And Rules: 1.

The Prisons Act, This act is the first legislation regarding prison regulation in India. The following are some of the important provisions regarding prisoner s rights: Accommodation and sanitary conditions for prisoners. Provisions relating to mental and physical state of prisoners. Examination of prisoners by qualified medical officer.

Separation of prisoners for male, female, criminal, civil, convicted and under trial prisoners. If you cannot use a private shower, ask to shower at a different time from other prisoners or in a private area as the PREA standards require. If you do not want to be searched by a staff member of a particular sex, politely ask for a different staff member to search you. In some prisons or jails, you may also be able to get a general order that says you should only be searched by women if you are a transgender woman.

Sometimes you can find these policies in the prison library. Additional resources Black and Pink Columbia Rd. I'm pregnant and in prison Your rights You have the right to an abortion if you want one, and to refuse an abortion if you do not want one.

You have the right to prenatal and other medical care for your pregnancy and postpartum care. You cannot be forced to pay before you can get the medical care you need. You may have the right not to be shackled: many states have laws or policies that prohibit or limit the use of shackles on prisoners who are pregnant, are in labor, or have recently given birth.

Some courts have also said that shackling is unconstitutional. You have the right to refuse sterilization or other unwanted birth control after your pregnancy. What to do if you think your rights have been violated If you are not getting the medical care you need, ask other medical or other staff to help you.

Document everything that happens. Put your request for an abortion or other medical care in writing and keep a copy. In addition to your request for medical care, you should also file a grievance an official complaint if your medical needs are not met.

If your grievance is denied or rejected, file an appeal and pay attention to all the rules and deadlines of the grievance system, which are usually written in the inmate handbook.

Not providing sign language interpreters for a deaf prisoner at disciplinary hearings, classification decisions, medical appointments,, and educational and vocational programs. Failure to provide medical devices such as wheelchairs and canes to disabled prisoners. Placement in segregation or solitary confinement due to perceived vulnerability or the unavailability of accessible cells in general population. Your rights Prisoners with disabilities are protected under sections of the Americans with Disabilities Act and the Rehabilitation Act of In the prison and jail context, the Rehabilitation Act applies to facilities run by federal agencies such as the Bureau of Prisons and to any state or local agency that receives federal funding.

The ADA regulates facilities run by state and local agencies, regardless of whether they receive federal funding. You are entitled to an equal opportunity to participate in programs and services for which you are qualified.

You are entitled to be housed at your correct security level, and in a cell with the accessible elements necessary for safe, appropriate housing. You are entitled to reasonable modifications to policies and procedures. You are entitled to equally effective communication including any necessary auxiliary aids and services such as sign language interpreters, captioning, videophones, readers, Braille, and audio recordings.

Prison officials are not required to provide accommodations that impose undue financial and administrative burdens or require a fundamental alteration in the nature of the program. You or your attorney can file a lawsuit explaining how your rights have been violated under the ADA, the Rehabilitation Act, or both.

You must complete any available grievance procedure and all appeals before filing a lawsuit in federal court. Under the Rehabilitation Act, prisoners must also show that the prison officials or the governmental agency named as defendants receive federal funding. Depending on the situation, disabled prisoners may file claims for relief under the Eighth Amendment, which prohibits cruel or unusual punishment, in addition to or instead of the ADA or Rehabilitation Act.

The laws of some states may provide different or greater legal rights than the federal laws. Disabled prisoners should investigate this possibility before bringing suit. Additional resources Every state and U. Some of these organizations also work with incarcerated individuals. I want to receive publications in the mail in prison Your rights Prisoners generally have the right to receive books, magazines, and newspapers by mail, subject to the restrictions described below.

Prison authorities can generally decide to censor a publication for reasonable goals related to prison safety or security, but cannot reject publications because they disagree with their political viewpoint or for other arbitrary reasons.

This protection also requires that prisoners be afforded a minimum standard of living. For example, in Brown v. Plata , the Supreme Court upheld a court-mandated population limit to curb overpopulation which violated the Eighth Amendment in California prisons.

Regardless, prisoners retain some constitutional rights, such as due process in their right to administrative appeals and a right of access to the parole process. Additionally, the Equal Protection Clause of the Fourteenth Amendment applies to prison inmates, protecting them against unequal treatment on the basis of race, sex, and creed, and the Model Sentencing and Corrections Act, created by the Uniform Law Commission in , provides that a confined person has a protected interest in freedom from discrimination on the basis of race, religion, national origin, or sex.

Prisoners also have rights to speech and religion, to the extent these rights do not interfere with their status as inmates. State prisoners have no rights to particular classifications under state law. Courts are extremely reluctant to limit the discretion of state prison officials to classify prisoners.

Federal prison officials have full discretion to control prisoner classification as affecting conditions of confinement, granted by Congress.