course material

1. United Nations Minimum Rules for the Treatment of Prisoners and the
United Nations Minimum Rules for the Administration of Juvenile Justice.
TaskDescribe the principles that underpin the United Nations Minimum Rules for the
Treatment of Prisoners and the United Nations Minimum Rules for the Administration of
Juvenile Justice. Is it practical for these rules to be applied to people being held in police
custody? Discuss with reference to national standards and recommendations from local
inquiries, where relevant.HUMAN RIGHTS AND POLICE CUSTODYThe minimum rules were
adopted by the United Nations in 1955 in Geneva and they were meant to seek out to
exercise good practice as well as principle towards the handling of prisoners along with the
administration of these institutions. The general applications rules seek to provide
conducive environment for all prisoners regardless of nationality, status, race, sex, color,
language, religion, property, political opinion, social origin or other rank or status (Riley,
2010).These rules govern the detention conditions in relation to detainees as well as the
refugees and asylum-seekers. These rules come from several sources but they are
emphasized by the ordinary general norms that state that no individual shall be caused to
experience cruelty, torture, degrading punishment or treatment as well as inhuman
treatment. The rules aID that all people denied their independence are supposed to be
treated with compassion and human nature as well as with respect in favor of the intrinsic
dignity of that individual (Riley, 2010).The UN Standards extend these rules to individuals
who have been arrested or else imprisoned with no charges. In aIDition the accommodation
of prisoners is done with careful selection in accordance with their ability to associate with
one another. Every prisoner is supposed to be in his personal cell by himself, giving
exception during temporary overcrowding where the prison administration can override
the rule. The rooms should be well ventilated and regularly kept clean with enough lighting
and heating to facilitate easy working, living or reading in the rooms or cells (Sensen,
2011).The UN Charter conceptualizes dignity of individuals in a neither specific way that is
neither based on culture nor normative ways. It fails to define specific ways in which dignity
ought to be realized but it stresses on the fact that it should pass through other standards,
legality and the law. For more than six decades the thought of the dignity of mankind has
been on the increase especially on the political arena as far as human rights is concerned
(Sensen, 2011).In the UN documents, human dignity is presented as a good reason for the
rights of human beings. Kretzmer argues that it is impossible to apply the modern notion of

2. dignity referring to philosophy’ s history to support the conception and if so it would be
necessary to apply a dissimilar notion of dignity applying a different thought pattern
(Kretzmer & Klein, 2002).The United Nations Minimum Rules are not directed towards
education but rather towards the juvenile system, for justice. They state that the juvenile
fair dealing systems should first and foremost put emphasis on the welfare of the young
people ensuring that any response should at all times be proportional to the conditions of
the offenders as well as the offence. The rules also promote the application of diversion line
ups that take away the youth from the process involved in criminal justice while
implementing supportive or else community services. They also make certain that the
privacy right is adhered to along with procedural safeguards with presupposition of
innocence inclusive (Kretzmer & Klein, 2002).The UN minimum rules make sure that there
are conducive proceedings that seek the child’ s best interest whereas young people get the
chance to participate as well as freely express themselves. Through the rules inquiry
reports are supposed to be used on educational, family and social backgrounds to identify
along with providing proper social services. In aIDition institutionalization needs to be
avoided by all means through undertaking measures such as community service, probation
or counseling. This should be the last resort and finally focus of institutionalization should
be laid on helping young people develop into productive members within the society
(Cipriani, 2009).The people held in custody of the police are few compared to the
population of an entire nation. Thus, as a result of these low numbers higher chances are
they could lack a voice that is strong enough to air their grievances to the public. The
imbalance of power between the detainees and the police in cells will therefore create
grounds for impossibilities of the detainees to change their physical surroundings. This all
along has created avenues for having the rights of the detainees infringed (Kamolins & Tait,
2008).This gives us a historical picture of how uncivilized our societies still are in terms of
treating the detainees in prison. Unfortunately, the majority detained in most cases are
usually not crime victims, they lay there with no offence charges on them while some await
assessments on their mental health and others sleep off outcomes of intoxication of alcohol.
Therefore, though the rules will have more weight on prison systems, they should be more
pertinent to how detainees are treated in cells (Kamolins & Tait, 2008).The rules state that
persons that are detained or put in prisons without charge should have a guarantee of same
protection as those other prisoners that have been charged or are awaiting charges. Any
applications made on them ought to be conducive for the gain of this extraordinary group of
individuals in custody. Given that no actions will be undertaken that imply that
rehabilitation or re-education is appropriate to individuals that are not found guilty of any
illegal offence (OHCHR, 2007).It is established that dignity has some functional stability and
is a permanent part not only of our moral vocabulary but also of our legal vocabulary. It
comes to terms with a person’ s denigration with a declaration of the person’ s worth.
Some argue that dignity is coherentwith minimum humanity standards which most often
than not are observed in the gross as well as systematic violations of life, integrity, liberty
and equality (OHCHR, 2007).Dignity within international law as far as detention is conc
erned asserts the preservation of dignity during detention. In most cases it is associated
with ruling out of degrading or inhuman punishment. It attaches this with rehabilitation

3. stipulating that punishment that is regarded non-violative must have an element that is
rehabilitative. Within the general instruments of human rights we can read implicit
minimal protection as well as complete rehabilitation rights (Henham, 2005).The
UDHR[1]fights for the person’ s worth, his inalienable dignity and that of definite rights. It
also includes minimal protections along with a further generalized personal defence of own
integrity. It also encompassed in ICCPR[2] which applies dignity referring to the ways in
which individual detainees are treated. The virtue dignity is also integrated in CRC which
links it with detention in both its nature as well as its durations (Henham, 2005).Duty of
care requires an individual to treat others as well as the public cautiously, giving attention
and prudence that any reasonable individual, given the circumstances, is expected to do.
Therefore, if the actions of a person fail to meet up this standard he will be considered
negligent and the damages that will occur will be asserted in a court case for negligence.
Duty of care is the first constituent of negligence (Henham, 2005).In numerous settings the
programs for alcohol treatment establish policies that are against contuinity in work
through clients that continue to relapse in crucial cases where sobriety is a major criterion
needed in continued treatment.The strategies are on the basis of the philosophy which
states that clients who drink actively are not entitled to social support. This is because it
might reduce their distress levels thus undermining their enthusiasm for sobriety (Henham,
2005).In the course of caring, confidentiality should be highly practised. Aafter realizing the
confidentislity of the issue the care giver should understand the unique requirements that
are mostly significant to getting informed consent in matters pertaining personal or moral
views or else treatment programs in cases like drug abuse. In aIDition, duty of care should
be considered in relation to the population involved and the programs. Later, the care giver
needs to fmiliarize himself with the features of reverence to self-determination that are
quite frequent in the area and lastly familiarizing with requirements that arise needed for
documentation by practitioners (Littrell & Ashford, 1995).Confidentiality for instance may
either retain people or keep them away from seeking the required treatment for aIDictions
like alcohol. Enhancing self-referrals into treating people with issues on drug abuse or
alcohol was the forward motion of the movement directed towards drug prevention, the
treatment along with rehabilitation giving provisions for the protection of the client’ s
confidentiality (Littrell & Ashford, 1995).The government has put emphasis on the novel
procedural safeguards that have been introduced. The law that has been recently
introduced has significant incidences on the security forces members’ attitudes in issues
concerned with respecting the fundamental rights of human beings during the time in
which they are detained in the custody of the police. The effect is strengthened by the
continuous adoption of educational as well as regulatory measures aimed at ensuring
different norms as well as regulations in relation with detention in the police custodies are
effectively applied at all stages of security forces (Corey, Corey, & Callanan, 1998).Officials
in charge of the law enforcement process in relations with people in custody or else
detention are not entitled to use force. On the other hand they should also not use firearms.
The only exceptions given to the former is strictly when necessary for security maintenance
as well as ensuring order in the institution. The officials are also allowed to use force in
instances when there is an occurrence if threat to personal security (Council of Europe,

4. 2001).In the latter, as regards the relations between the police officials and the detainees,
the police officials are strictly entitled to firearms when defending themselves in cases of
personal insecurity or when defending others against immediate death threats or else self
injury. In other cases they will use firearms when needed to thwart the running away of
detainees or people in custody (Council of Europe, 2001).In the year 1215, an important
time in the history of America births the Magna Carta. During this year a document had
been signed by a King from England and up to date that document is well thought-out to be
the naissance document of the liberties of the English people and therefore the American
liberties. Magna Carta greatly influenced the US Constitution as well as the Bill of Rights
(Magna Carta 1215, n.d).King John, the King of England had been forced to sign this
document because it to a great extent reduced his powers as the sovereign ruler of England.
The charter also paved way for the configuration of a parliament that was powerful. Thus,
this document turned out to be the starting point for the rights of the English citizens. The
content of the charter was outlined by the Archbishop Langton along with the most
influential Barons from England (Magna Carta 1215, n.d).Following prior interferences by
the king regarding the appointment of bishops, the Magna Carta would ensure the freedom
of the church in this matter. In aIDition the charter ruled out the levying of taxes with an
exclusion of the usual feudal dues. Nevertheless, in cases whereby the levies had to be
imposed on taxes, then it would have to be so with the Parliament’ s or Great Council’ s
consent. In aIDition the uniformity of weights as well as measures was established all the
way through the realm (Magna Carta 1215, n.d).Magna Carta contributed greatly to the
dignity and proper treatment of all sorts of mankind. Through the Declaration in Maryland
Constitution, no free man was supposed to be imprisoned or taken, or his freehold,
privileges and liberties disseized. In aIDition it prohibited man from being outlawed or else
exiled in aIDition to being destroyed in any sort or manner. It continued to read that man
was interdicted from being deprived of own life, freedom or property, but only by the ruling
of the land rules and regulations and his peers (Magna Carta 1215,
n.d). ReferencesCipriani, D. (2009). Children’ s rights and the minimum age of criminal
responsibility:a global perspective. United Kingdom: Ashgate Publishing, Ltd.Corey, G.,
Corey, M. S., & Callanan, P. (1998). Issues and ethics in the helping professions, 5th edition.
Pacific Grove, CA: Brooks/Cole.Council of Europe. (2001). Yearbook of the European
Convention on Human Rights: volume 4. London: Martinus Nijhoff Publishers.Henham, R.
(2005). Punishment and Process in International Criminal Trials. Farnham: Ashgate
Publishing Company.Kamolins, L., & Tait, S. (2008). Protecting human rights for people in
police custody. Paper presented at the Australasian Human Rights and Policing Conference,
Melbourne 8-10 December 2008 (pp. 1-12). Australia: api Office of Police Integrity,
Victoria.Kretzmer, D., & Klein, E. (Eds.). (2002). The Concept of Human Dignity in Human
Rights Discourse. The Hague: Kluwer Law International. , 111.Littrell, J., & Ashford, J. B.
(1995). Is it proper for psychologists to discuss medication with clients? Professional
Psychology: Research and Practice , 26, 238-244.Magna Carta 1215. (n.d). Retrieved August
9, 2011, from http://www.miIDle-ages.org.uk/magna-carta.htmOHCHR. (2007). Standard
Minimum Rules for the Treatment of Prisoners. Retrieved August 9, 2011, from
http://www2.ohchr.org/english/law/treatmentprisoners.htmRiley, S. (2010). Human

5. dignity: comparative and conceptual debates. International Journal of Law in Context , 6 (2),
117-138.Sensen, O. (2011). Human dignity in historical perspective: The contemporary and
traditional paradigms. European Journal of Political Theory , 10 (1), pp. 71-91.[1] Universal
Declaration of Human Rights[2] International Covenant on Civil and Political RightsOrder
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