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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