A/HRC/11/8 page 9 (b) Except for those limitations that are demonstrably necessitated by the fact of incarceration, all prisoners should retain the human rights and fundamental freedoms set out in the Universal Declaration of Human Rights, and where the State concerned is a party, the International Covenant on Economic, Social and Cultural Rights, the International Covenant on Civil and Political Rights and the Optional Protocol thereto, as well as such other rights as are set out in other United Nations covenants (art. 5); (c) All prisoners should have the right to take part in cultural activities and education aimed at the full development of the human personality (art. 6). 23. The right to education is now accepted as encompassing the provision of an education that is available, accessible, adaptable and acceptable.14 No text allows for forfeiture of this right and, more essentially, forfeiture is not necessitated by the fact of incarceration. 24. A number of international instruments deal specifically with prisons and conditions of detention and offer guidance for good prison management.15 There are many of these, but other than the Basic Principles adopted by the General Assembly in 1990 (see para. 22 above), perhaps the most prominent for the purposes of the present report are the Standard Minimum Rules for the Treatment of Prisoners, adopted by the Economic and Social Council in its resolution 663 c (XXIV) of 31 July 1957, and the United Nations Standard Minimum Rules for the Administration of Juvenile Justice of (1985).16 According to rules 77 (1) and (2) of the former, “Provision shall be made for the further education of all prisoners capable of profiting thereby, including religious instruction in the countries where this is possible. The education of illiterates and young prisoners shall be compulsory and special attention shall be paid to it by the administration … . So far as practicable, the education of prisoners shall be integrated with the educational system of the country so that after their release they may continue their education without difficulty.” Rule 26.2 of the latter states that, “juveniles in institutions shall receive care, protection and all necessary assistance - social, educational, vocational, psychological, medical and physical - that they may require because of their age, sex, and personality and in the interest of their wholesome development”. 14 See E/CN.4/1999/49 and general comment No. 13 of the Committee on Economic, Social and Cultural Rights on the right to education (E/C.12/1999/10). 15 Such as “Human Rights and Prisons”, a training package for prison officials available on the website of the Office of the United Nations High Commissioner for Human Rights (www.ohchr.org). 16 Also relevant are the Body of Principles for Protection of All Persons under Any Form of Detention or Imprisonment, adopted by the General Assembly in its resolution 43/173 of 9 December 1988 and the Hamburg Declaration on Adult Learning, adopted at the fifth International Conference on Adult Education.

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