SLAVERY, FORCED LABOR, AND WORK IN PRISONS
A. RELEVANT HUMAN RIGHTS
1. Article 10.3 of the International Covenant on Civil and Political Rights (ICCPR): “The penitentiary system shall comprise treatment of prisoners the essential aim of which shall be their reformation and social rehabilitation.”
2. Article 5, Universal Declaration of Human Rights, “No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.”
3. Articles 22, 23, and 24, Universal Declaration of Human Rights, provide that “Everyone, as a member of society, has the right to social security…the right to work, to free choice of employment, to just and favorable conditions of work…to equal pay for equal work…to just and favorable remuneration ensuring for himself and his family an existence worthy of human dignity…the right to form and to join trade unions.”
B. ANALYSIS.
Productive work, that develops good work habits and skills for economic survival, and enables economic support for and relations with family, is a cornerstone of the rehabilitation process.
C. VIOLATIONS.
1. Article 5, UDHR: Wherever in the United States punishment for incarcerated persons’ refusing to work results in segregation or solitary confinement, in withholding of food or access to basic support or human interaction, violations occur.
2. Although the ICCPR excludes from “forced labor” “any work…required of a person who is under detention in consequence of a lawful order of a court,” (Article 8(3c)), slave labor or denial to incarcerated persons access to remunerative work sufficient to support oneself and ones’ family are rarely a consequence of any criminal sentence or court order, making all cases in which either slave or forced labor, absent sentence or court order, a violation of human rights with respect to incarcerated persons.
3. Articles 22, 23, and 24, UDHR: By law and custom, US incarcerants earn extremely little or no wages and are excluded from civilian labor force participation, impoverishing themselves and their families. United States’ Prison labor frequently denies incarcerated persons any choice in prison work assignments, affords neither employer nor worker investment in Social Security, pays in gratuities only a fraction of that required for “equal pay,” far below even minimum amounts, ensuring poverty for the incarcerated and his family, and denying incarcerated workers any union or participatory rights whatsoever.
+++++++++++++++++++++++++++++++++++++++++++++++++++
PRIVATE PRISONS
A. RELEVANT HUMAN RIGHTS and VIOLATIONS
International Covenant on Civil and Political Rights
1. Article 7 No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment. (See also: Universal Declaration of Human Rights, Article 5).
Violation. – Little is more degrading than for prisoners to be treated as commodities, to be warehoused in for-profit private prisons like chattel. Private prison companies view prisoners as investments, not people; the privatization of prisons for profit is equivalent to the privatization of prisoners for profit, which is demeaning to their humanity and dignity as human beings. The United States holds over 128,000 prisoners in privately-operated for-profit prisons.
2. Article 8, Sec. 1. No one shall be held in slavery; slavery and the slave-trade in all their forms shall be prohibited. (see also: Universal Declaration of Human Rights, Article 4).
Violation – Private prisons operate on a per-diem payment system, where they are paid per prisoner per day they are incarcerated. This mirrors the system of slavery, which also is a for-profit enterprise that involves imprisoning people against their will. Private prison companies are modern-day extensions of the slave trade, in which prisoners are used to generate profit. The largest private prison companies in the United States are listed on the stock exchange, and the trade in prisoners for profit has become an acceptable form of legitimized slavery.
3. Article 10, Sec. 3. The Penitentiary system shall comprise treatment of prisoners the essential aim of which shall be their reformation and social rehabilitation.
Violation – The objective of private prison companies is to generate profit, not to reform or rehabilitate prisoners. Such companies have a duty to their shareholders to make money; they do not have a duty to help prisoners better their lives. Studies have shown that prisoners held in private prisons in the United States have higher recidivism rates than those in public prisons.
+++++++++++++++++++++++++++++++++++++++++++++++++++++
MENTALLY ILL IN PRISON
A. RELEVANT HUMAN RIGHTS
1. Article 7 of the International Covenant on Civil and Political Rights (ICCPR) states: No one shall be subject to torture, or to cruel, inhuman, or degrading treatment or punishment.
2. Article 1 of the Convention Against Torture and Other Cruel, Inhuman, or degrading Treatment or Punishment (CAT): “severe pain or suffering, whether physical or mental,…intentionally inflicted…for an act he or a third person has committed.”
B. ANALYSIS
1. There is now a huge population of mentally ill persons in our prisons and jails. The American Correctional Association has recognized that holding mentally challenged individuals in isolation can exacerbate their problems and bring about additional mental problems. Several federal courts have found that the conditions of confinement in isolation units can constitute cruel and unusual punishment which is prohibited by Article 7 of the ICCPR.
2. It would also qualify as torture defined in the CAT, Article 1, if correctional officials knowingly place mentally ill persons in disciplinary units.
3. Prisoners, who are seriously mentally ill, fall under the protection of the Americans with Disabilities Act, 1990. This act was amended to include serious mental illness as a disability in 2008 and enacted January 2009 to state: (1) Mentally ill people have the rights to accommodation plans to meet the needs of their disability, (2) They have the right to have access to an (ADA) representative to oversee Correctional Institutions compliance.
———————————————————-
LIFE WITH PAROLE
A. RELEVANT HUMAN RIGHTS
1. International Convention on the Elimination of All Forms of Racial Discrimination (ICERD):
Article 2: 1(c) Each State Party shall take effective measures to review governmental, national and local policies, and to amend, rescind or nullify any laws and regulations which have the effect of creating or perpetuating racial discrimination wherever it exists.
2. International Convention on Civil and Political Rights (ICCPR):
Article 10.3. The penitentiary system shall comprise treatment of prisoners the essential aim of which shall be their reformation and social rehabilitation.
B. ANALYSIS
1. In five states-Alabama, California, Massachusetts, Nevada, and New York-at least 1 in 6 people in prison are serving a life sentence.
2. The highest proportion of life sentences relative to the prison population is in California, where 20% of the prison population is serving a life sentence, up from 18.1% in 2003. Among these 34,164 life sentences,
3. There are 6,807 juveniles serving life sentences;
4. There are 4,694 women and girls serving life sentences.
5. Life in prison is the most severe punishment available for juveniles. Every state allows for life sentences for juveniles, and 46 states hold juveniles serving such terms. Juveniles serve life sentences in nearly every state, but more than 50% of the national population is located in five states: California (2,623), Texas (422), Pennsylvania (345), Florida (338), and Nevada (322).
6. In 1967, the President’s Crime Commission recommended that parole boards be staffed by correctional professionals rather than political appointees. However, parole boards remain the domain of political appointees and two-thirds of states lack any standardized qualifications for service. This has resulted in a highly politicized process that too often discounts evidence and expert testimony. In the case of life sentences with the possibility of parole, the range of time that must be served prior to eligibility for release varies greatly, from under 10 years in Utah and California to 40 and 50 years in Colorado and Kansas. The median length of time served prior to parole eligibility nationally is in the range of 25 years. However, eligibility does not equate to release and, owing to the reticence of review boards and governors, it has become increasingly difficult for persons serving a life sentence to be released on parole.
C. VIOLATIONS.
1. Racial and ethnic minorities serve a disproportionate share of life sentences. Two-thirds of people with life sentences (66.4%) are nonwhite, reaching as high as 83.7% of the life sentenced population in the state of New York. Seventy-seven percent of juveniles sentenced to life are youth of color. This violates the ICERD Article 1-1, Article 2–1, and Article 5(a).
2. There is a broad range in the severity and implementation of the statutes and arbitrary mechanisms for release on parole. This violates the ICCPR Article 10-3.
———————————————————-
DEATH PENALTY and LIFE WITHOUT PAROLE
A. RELEVANT HUMAN RIGHTS
1. Article 6-1 of the ICCPR: “Every human being has the inherent right to life. This right shall be protected by law. No one shall be arbitrarily deprived of his life.”
2. Article 6-2 of the ICCPR: “In countries which have not abolished the death penalty, sentence of death may be imposed only for the most serious crimes… and not contrary to the provisions of the present covenant.”
3. The “Rome Statute of the International Criminal Court,” adopted by the United Nations in July 1998, declares that in all life sentences, a review is mandated after twenty-five years and /if warranted/ a lesser sentence may be imposed (Article 110 No. 3). By October 2009, 110 states had become party to the treaty, with 38 states signed but not yet ratified.
4. Article 10.3 of the ICCPR: “The penitentiary system shall comprise treatment of prisoners the essential aim of which shall be their reformation and social rehabilitation.”
5. Article 1 of the ICCPR: “All peoples have the right of self determination. By virtue of that right they …freely pursue their cultural development.”
B. ANALYSIS
1. Since 1973, over 130 people have been released from death row with evidence of their innocence. (Staff Report, House Judiciary Subcommittee on Civil & Constitutional Rights, Oct. 1993, with updates from DPIC). From 1973-1999, there was an average of 3.1 exonerations per year. From 2000-2007, there has been an average of 5 exonerations per year.
2. In the United States 35 states with death penalty statutes also can impose life without parole. 14 states which do not have death penalty statutes may impose life without parole, including the District of Columbia. Alaska is the only state that does not impose life without parole.
3. A report released by The Sentencing Project, “The Meaning of ‘Life’: Long Prison Sentences in Context” (http://www.deathpenaltyinfo.org/life-without-parole), indicates a dramatic increase in life without parole sentences and notes that prisoners are generally serving longer terms of incarceration: “Of the lifers in prison, one in four (26.3%) is serving a sentence of life without parole, having increased from one in six (17.8%) in 1992. In six states – Illinois, Iowa, Louisiana, Maine, Pennsylvania, and South Dakota – all life sentences are imposed without the possibility of parole. Seven states – Alabama, California, Florida, Illinois, Louisiana, Michigan, and Pennsylvania – have more than 1,000 prisoners each serving sentences of life without parole. The increase in prison time for lifers is a result of changes in state policy and not due to increases in violent crime.”
C. VIOLATIONS
1. The high rate of exonerations of persons on death row awaiting execution is proof of the “arbitrary deprivation of life,” with inadequate proof of a “most serious crime.”
2. The rapid increase and the high rate of life-without-parole testifies to the arbitrary “slow death” deprivation of life as a result of politically motivated changes in state policy and not due to increases in violent crime or greater need for public safety.
3. Several other human rights are brought into question. For example, the right to the opportunity to reform one’s life, to change, to grow positively in maturity and responsibility; and the right for an opportunity for “conversion or transformation” (which is held dear by many religious and social groups in our country) and to become a contributing and productive member of society.
———————————————————-
COMMUNITY TIES; VOTING and FAMILY
A. RELEVANT HUMAN RIGHTS
1. Article 21 (1) of the UDHR states that “Everyone has the right to take part in the government of his country directly or through freely chosen representatives,” and (3) of the UDHR states that “the will of the people shall be expressed …by universal and equal suffrage.”
2. Article 17 of the ICCPR states: “No one shall be subjected to arbitrary or unlawful interference with his privacy, home, or correspondence, nor to unlawful attacks on his honor and reputation.”
B. ANALYSIS.
1. Restoring a person’s right to vote is a critical element to successful reentry into society after incarceration, and consistent with our democracy’s modern ideal of universal suffrage.
2. If offenders are to achieve a relatively stable lifestyle post-release, continued contact with family and friends is needed.
3. Research shows that children are the unintended victims of a prison sentence, with many children of prisoners less likely to complete secondary school and more likely to become homeless or unemployed and more likely to come into contact with the juvenile justice or criminal justice systems. The likelihood of the children of an imprisoned parent ending up in prison increases by 6 times; they are also six times as likely to have mental health problems. (report by Justice Action)
C. VIOLATIONS.
1. Article 21 (1) of the UDHR: Nationally, an estimated 5.3 million Americans are denied the right to vote because of laws that prohibit voting by people with felony convictions. Of these, 4 million are out of prison and living and working in the community. Two states permanently ban voting by anyone with a felony record of any sort.
Also, 13% of all adult black men or nearly 1.4 million are disenfranchised. This represents one-third of the total disenfranchised population.
2. Article 17 of the ICCPR: Only a few states have visits where the family is together for 48 hours.
Some correctional facilities are now limiting mail to only postcards. This is certainly a violation of privacy in regard to the family which the state must have a special obligation to uphold.
———————————————————-
SEXUAL SECURITY
A. RELEVANT HUMAN RIGHTS
The Preamble to the Article 3 of the ICCPR states: “The States Parties to the present Covenant shall undertake to ensure the equal right of men and women to the enjoyment of all civil and political rights set forth in the present Covenant.”
Article 7 of that Covenant states: “No one shall be subjected to torture or to cruel, inhuman, or degrading treatment or punishment.”
B. ANALYSIS.
Prison rape not only threatens the lives of those who fall prey to their aggressors, but it is potentially devastating to the human spirit. Shame, depression, and a shattering loss of self-esteem accompany the perpetual terror the victim thereafter must endure.” (U.S. Supreme Court Justice Harry A. Blackmun).
The sexual assault of prisoners, whether perpetrated by corrections officials or by other inmates, amounts to torture under international law. Torture is prohibited by international conventions and treaties, including the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT) and the International Covenant on Civil and Political Rights (ICCPR), both of which have been ratified by the United States.
C. VIOLATIONS
1. Sexual assault. In 2009, the State of Michigan paid $100 million to settle a class-action by more than 500 female prisoners who said they were sexually assaulted by prison guards.
2. Sexual abuse. In a 2007 survey of prisoners across the country, the Bureau of Justice Statistics (BJS)
found that 4.5 percent (or 60,500) of the more than 1.3 million inmates held in federal and state prisons
had been sexually abused in the previous year alone. A BJS survey in county jails was just as
troubling; nearly 25,000 jail detainees reported having been sexually abused in the past six months.
Incarcerated women have undergone intrusive pat-downs and body searches in public by male guards.
D. RECOMMENDATIONS
1. Adopt and enforce the national standards that were developed under the Prison Rape Elimination Act.
2. Ratify the OPCAT, which establishes a system of regular visits undertaken by international and national bodies to places of detention in order to prevent torture and other forms of ill treatment.
3. Prohibit pat-downs and body-searches of women by male officers.
4. Adopt severe penalties for staff violence against women inmates.
Like this:
Be the first to like this post.