A/HRC/11/8
page 11
of States,18 a figure mirrored in overcrowding which has reached, by way of example,
374.5 per cent of capacity in Grenada, 330 per cent in Zambia and about 108 per cent in the
United States.19
29. The reasons for imprisonment are varied and prisoner profiles complex. They generally
reflect, however, backgrounds of social disadvantage and often concomitant vulnerability rather
than, as popularly assumed, individual and random acts of violence. As imprisonment by its very
nature increases social disadvantage and vulnerability to rights violations, steps taken by States
to fulfil and protect the rights of those it detains are of immense significance.
B. General barriers to education in detention
30. Public opinion, often indifferent to and ignorant of detention, can sometimes be perceived
as the main barrier in fulfilling the potential of education in detention, although the main
responsibility rests on the State through its public policies of education. These attitudes are
fuelled by an often equally ill-informed and ill-advised media which, when reporting on cases of
criminal justice, focus almost exclusively on unrepresentative individual violent events. The all
too ready willingness of politicians to reflect these fears in penal policy has led to a reluctance to
embed prisoners’ right to education in legislation and to develop models of education and
delivery consistent with the full development of the human personality. Within this context and
while recognizing that each person is unique in their learning needs and experiences, barriers to
education in relevant literature are often broken down into three categories: dispositional,
institutional and situational. 20
31. Dispositional barriers, internal to the learner, are closely linked to experiences prior to and
during incarceration. These include the effects of a disadvantaged childhood, previous
educational failure and low self-esteem, of drug and alcohol abuse, and communication, learning
and mental-health disabilities.
32. Institutional and situational barriers external to the learner in detention are perhaps best
detailed by the learners themselves. Their list is long, globally relevant and includes troubling
examples of education interrupted or terminated on the personal whims of prison administrators
and officers and by frequent lockdowns and abrupt transfers between institutions; the absence of
libraries; the absence and confiscation of written and educational material generally; waiting lists
of up to three years for courses; limited, and often complete absence of, access to and training in
Information Technology and related skills necessary in today’s computer-driven community.
Specifically linked to this is a perceived focus on education linked to prison management rather
than the specific needs and rights of prisoners.
33. The Special Rapporteur also heard of staff shortages leading to cancelled or untenable
mixed ability classes and even of cases of inability to sit exams in the absence of staff to
19
20
World Prison Brief, International Centre for Prison Studies, Kings College London.
Scurrah, M., “Learning on the Inside in Risdon Prison”, unpublished report on file with
author.
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