A/HRC/11/8
page 7
15. While the transfer of proven practices from one State to another is neither always feasible
nor always appropriate, the transmission of ideas and experiences across international borders
should permeate, inform and enrich previously entrenched practices.3 It is in this spirit that the
present report should be read.
III. CONFLICTING PHILOSOPHIES AND ASSUMPTIONS
A. Role of prisons v. “correctional” education v. the right to education
16. Education is deeply embedded in its location and context, and cannot be isolated from it.
The role of education in places of detention must therefore be examined against the broader
objectives of penal systems, which are inherently institutions of coercion, serving a set of
complex and mutually conflicting objectives. They reflect, to differing degrees, prevailing
societal calls for punishment, deterrence, retribution and/or rehabilitation - all carrying
ambiguous connotations - and a managerial focus on resource management and security.
Frequently aimed at the “criminality” of those detained, they demonstrate a concomitant
reluctance to recognize their humanity, their potential and their human rights.
17. Where education is provided, this reluctance has been reflected in considerable confusion
surrounding its nature and objectives, and in an oscillation between one and/or a combination of
a number of, influential target driven educational models and practices. For the purposes of the
present report, these are called the “medical”, “cognitive deficient” or “opportunistic” models.
Briefly, the medical model tends to focus on and treat the perceived psychological deficiencies
of the criminal; the cognitive deficiency model on promoting moral development; and the
opportunistic model on linking learning with training for employment.9
18. Such models and resultant educational practice certainly contain some positive features.
Estranged from them all, however, is the concept of the human dignity of all persons, a concept
unambiguously and frequently referred to in various international, regional and domestic
instruments. Human dignity, core to human rights, implies respect for the individual, in his
actuality and also in his potential. As education is uniquely and pre-eminently concerned with
learning, fulfilling potential and development, it should be a fundamental concern of education in
detention,10 not simply a utilitarian add-on should resources allow it. It should be aimed at the
full development of the whole person requiring, among other things, prisoner access to formal
and informal education, literacy programmes, basic education, vocational training, creative,
religious and cultural activities, physical education and sport, social education, higher education
and library facilities.11
9
See also Collins M., “Shades of the prison house: adult literacy and the correctional ethos”, in
Schooling in a Total Institution, (1995).
10
See also Morin, L., “Prison education: the need for a declaration of basic principles for the
treatment of prisoners”, Yearbook of Correctional Education (1989), and Muntingh L., “Prisons
in South Africa’s constitutional democracy”, CSVR, October 2007.
11
Economic and Social Council resolution E/1990/69, art. 3 (b).
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