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Ivan Zinger1
Department of Law, Carleton University
Introduction to the special issue
Correctional authorities around the world are under increasing legislative and societal pressure to introduce more austere ("no-frills") prison regimes, impose new restrictions on prisoners, and tighten security requirements. Even traditionally liberal and open European regimes have taken measures in recent years to introduce a more Spartan and, in some instances, more punitive prison regime in response to the prevailing law-and-order agenda. The war on terrorism has also provided "legitimacy" for some countries to further oppress their prisoner populations - not only convicted and alleged terrorists have been affected but, in some instances, the entire prison population. In this societal context, those responsible for administering prisons are now faced with an ever more difficult task in ensuring legal standards of humane detention. Guaranteeing the human rights of prisoners will continue to be an important challenge for many countries, including advanced democracies such as Canada.
The best argument for observing human rights standards is not merely that they are required by international or domestic law but that they actually work better than any known alternative - for offenders, for correctional staff, and for society at large. Compliance with human rights obligations increases, though it does not guarantee, the odds of releasing a more responsible citizen. In essence, a prison environment respectful of human rights is conducive to positive change, whereas an environment of abuse, disrespect, and discrimination has the opposite effect: Treating prisoners with humanity actually enhances public safety. Moreover, through respecting the human rights of prisoners, society conveys a strong message that everyone, regardless of their circumstance, race, social status, gender, religion, and so on, is to be treated with inherent respect and dignity.
The best approach to ensure that the rule of law is upheld in corrections is to conceptualize the business of corrections as a human rights business. The same can also be said of the business of policing and the business of national security. When government has exceptional authority over its citizens, the potential for abuse of powers is great, and the protections of fundamental rights must be a core preoccupation of those empowered and trusted with those exceptional powers. In a correctional context, every aspect of the prisoner's life is...