Title: Prisoners' rights under international law: an aetiological myths

Authors: Ibrahim Danjuma; Rohaida Nordin; Mohd Munzil Muhamad

Addresses: Faculty of Law, National University of Malaysia, Malaysia; Faculty of Law, Bauchi State University, Gadau, Nigeria ' Faculty of Law, National University of Malaysia, Malaysia ' Faculty of Law, National University of Malaysia, Malaysia

Abstract: The concept of human rights and prisons has been in existence for a very long period of time. The longstanding retributive penology was centred on the view that prisoners are without legal rights. Nowadays, human rights instruments were enacted to protect the rights of all persons including prisoners who are in custody of the state. Despite these instruments, courts were reluctant to enforce prisoners' rights especially where the violation of rights occurred in prison. This study therefore, determines when did human rights laws start recognising prisoners' rights despite the fact that they are behind bars? Secondly, when did 'hands-off' doctrine disappear? This is because in the USA, there is inconsistency as to which of the court's decision was the first to uphold the right of prisoners. The methodology adopted is content analysis approach wherein related literature were discussed and analysed particularly the international laws, judicial decisions and other relevant documents.

Keywords: history; prisoners' rights; human rights; international law.

DOI: 10.1504/IJHRCS.2018.091652

International Journal of Human Rights and Constitutional Studies, 2018 Vol.6 No.1, pp.36 - 50

Available online: 02 May 2018 *

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