A/HRC/11/8 page 5 the relationship between human rights, incarceration and punishment, he nonetheless wishes to recall that human rights are not relinquished upon imprisonment. One such inviolable right, the right to education while in detention, is the focus of the present report. 6. Despite variations between penal systems, it is clear that, for all, the provision of education for persons in detention is inherently complex and, where it does take place, it does so in an environment inherently hostile to its liberating potential.3 Frequently, inadequate attention and resources, both human and financial, dedicated to adequate education, combined with the damaging impact of detention, exacerbate often low levels of self-esteem and motivation of learners and create major challenges for prison administrators, staff and learners alike. 7. Nonetheless, there is growing recognition of the benefits of education as a vital element in addressing the ability of prisoners to develop and maintain skill sets that will enable them to take advantage of social, economic and cultural opportunities. While this recognition is welcome and necessary, it should be noted that the nature, provision, quality and participation rates of education in detention vary significantly between and within regions, States and even individual institutions. Such striking disparities may constitute discrimination and must be addressed. 8. While such a variation in education too often tends to oscillate between the “poor” and “very poor”, the number of educational programmes of exceptional quality which, from the prisoners’ own observations, are the result of individual initiative and extraordinary commitment, rather than necessarily the product of State or individual institutional policy, should be fully acknowledged.4 9. Although for most of the persons concerned detention will be temporary, it is too frequently forgotten that the consequences of what does or does not happen to those who experience it will also be felt by the community into which the majority of prisoners are released.5 The reality of the carceral world shows that the prison population reflects a disproportionate number of persons coming from poor, discriminated and marginalized groups and communities. As one prisoner notes: “We cannot imprison a person for many years without providing an avenue for change and expect that when he or she returns among us, she or he will have changed. Indeed, change will have occurred but certainly not how it was envisioned. For we will have created an envious, frustrated, delusional, pent-up, angry and de-humanized individual who will certainly seek revenge.” 3 Scarfó, Francisco, Indicadores sobre las condiciones de realización del derecho a la educación en las cárceles, Facultad de Ciencias Jurídicas y Sociales. Universidad Nacional de La Plata, Argentina, 2008. 4 Contributions from detainees. Letters on file with the Special Rapporteur. 5 Muntingh L., “Prisons in South Africa’s Constitutional Democracy”, CSVR, October 2007.

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