A/HRC/11/8
page 6
10. While recognizing that detention itself is often questionable as a means of social control,
the challenge before us is to create an environment for those who are detained that enables
positive change and human capacity. The provision of accessible, available, adaptable and
acceptable education is one vital element in this environment.
11. As one observer noted, “to clarify the content of the right to education in places of
detention we need to make clear what it is we are trying to accomplish. I believe the obvious
goal is to empower struggling people in a way that allows them to become major contributors to
the health, growth and development of our global community”.3
A. Resources do not explain policy
12. In view of the sheer bulk of incarceration rates, it is no surprise to learn that many prison
systems are in crisis, generally overcrowded and consequently inadequately resourced, and that
there is pessimism with regard to overcoming the practical reality of the numerous challenges
within prison management. The Special Rapporteur deems that it is important not to lose sight of
the fact that prison systems are, although modified by real and challenging practical realities, the
result of State and institutional policy. The availability or otherwise of resources may affect the
implementation of policy: they do not dictate that policy.6
13. Penal policy is influenced by many factors, of which international human rights law and
the resulting State obligations should be paramount. There remains, however, a troubling and
increasing gap between international normative standards, their implementation and the opinion
of many of those without experience of detention.
B. International learning
14. In recent years, there has been a considerable but usually State-specific increase in research
on penal systems.7 Nonetheless, there remains a paucity of research and debate concerning
education within prisons and more notably the manner in which educational programmes are
designed, funded and made available to the prison population.8 Given the universality of human
rights norms, international and comparative prison research has become imperative and penal
systems must cooperate and learn from each other.
6
See Neale, K., “Policy and practice: international and comparative approaches to education
and prison regimes”, The Yearbook of Correctional Education (1989).
7
Most notably in North America, Canada, Europe and more recently South America and
South Africa. Other continents remain acutely under-researched. See for example, “Human
rights in African prisons” (2008), HSRC, edited by Jeremy Sarkin, Ohio University Research in
International Studies.
8
Susan Nagelsen, “Writing as a tool for constructive rehabilitation”, Journal of Prisoners on
Prisons, vol. 17, No. 1. 2008.
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