A/HRC/11/8 page 8 B. Participation 19. Respect for the human dignity of all within the community - whether in detention or not assumes genuine and effective participation in decisions that affect our lives, including those relating to the provision of education. The Special Rapporteur should not have to - but does reiterate that those in detention do not forfeit this right of participation. It is for this reason that the views of people in detention were sought for the present report and it is for this reason that their views should be sought in deciding on penal policy with regard to education. Add to this the dictates of common sense, nicely noted by one prisoner in the United States participating in the preparation of the present report: “Who can better come up with solutions that can potentially solve problems within the communities at large, than the incarcerated? Aren’t they already accustomed and familiar with the criminal elements of our society? Who better has the solution to the problems than those individuals who were instrumental in creating the problems?” 20. Education is not a panacea for the social, psychological and physical damage caused by detention. It has the potential, however, to offer previously unmet realistic opportunities and assistance, which contribute to meeting the rights and needs of the incarcerated and those of our entire community. IV. INTERNATIONAL LEGAL AND POLITICAL DEVELOPMENTS 21. Criminal justice issues are principally the concern of domestic policy and legislation and reflect their historical and cultural context. Nonetheless, the international community has a long-standing concern about the humanization of criminal justice, the protection of human rights and the importance of education in the development of the individual and the community.12 This, combined with the acknowledged particular vulnerability of those in detention to State action and its consequences, has led to the development of international standards that aim to confront the challenges of the stigma, indifference and marginalization that so often characterize education in detention. 22. Unlike many other groups that endure discrimination, people in detention do not benefit from a dedicated legally binding text, although there have been recent plans to present a charter on prisoners’ rights to the United Nations.13 In 1990, however, the General Assembly, in its resolution 45/111, adopted the Basic Principles for the Treatment of Prisoners, in which it noted that: (a) All prisoners should be treated with the respect due to their inherent dignity and value as human beings (art. 1); 12 13 Ibid. Adopted at the fifth Central, Eastern and South African Heads of Correctional Services Conference in September 2001. See also “Reintegration and reintegration in African prisons”, Amanda Dissel, in Human Rights in African Prisons (2008), ed. Sarkin, J.