Having been derived from the effects of the World War II in relation to the formation of the United Nation, the Universal Declaration of the Human Rights (UDHR) 30 articles honors certain human characteristics. Noteworthy, the effects of the war ranging from death, sickness, hunger, to imprisonment of millions of people inspired nations to collaborate to avoid these outcomes of the war. Consequently, the UDHR was formulated, honoring the freedom and equality of all human beings in terms of dignity and rights. Therefore, the 30 articles appreciate the principle of non-discrimination of individuals as well as their right to life and liberty. Furthermore, it privileges expression, encompassing the right to worship and peaceful assembly considered as civil and political entitlements. Other characteristics favored in the declaration are the capacity to gain knowledge and skills, and to practice them in exchange for monetary value.
Human rights can be grouped into three, namely: rights to dignity, rights to protection, and rights to fulfillment. The first group constitutes negative rights in the sense that upholding them involves restraint of States agents from infringing them. The latter two are positive rights by virtue that they involve active states’ efforts to resolve violations originating from cultural or historical circumstances, including but not limited to threats posed by private enterprises. Similarly, the declaration takes into account negative and positive freedoms alike. Negative freedom include the rights not be tortured or enslaved, while positive one encompasses the right of movement and residence.
Regardless of the classification, UDHR does not segregate between the rights in terms of importance; it asserts that they are “universal, indivisible, and interdependent and interrelated.” The rights are universal by virtue of all people being born with and possessing them in spite of the circumstances in which they live, their gender, race, ethnicity, culture, or religion. The universality of the rights is entrenched in the terms of Article 1 of the declaration that, “all human beings are born free and equal in dignity and rights” (United Nation par. 9). As such, every human being is entitled to them. The terms ‘indivisible, interdependent, and interrelated’ mean that they are the same in terms of importance and cannot be fully enjoyed in separation. It also means that they apply to all people equally and all are entitled to participation in decisions that shape their lives. For example, the right of people to proper nutrition and housing conditions should not be furthered at the expense of the rights to education. The rights are interdependent and interrelated in the sense that the fulfillment of one often depends upon the fulfillment of others, either fully or partially. For example, the implementation of the right to health may depend on execution of the right to education, information, or development.
Therefore, “every organ” of society is responsible for the promotion and protection of human rights espoused by the declaration. With regard to every organ of the society, the preamble means that the responsibility to fulfill the rights are vested on governments, individuals, and all other private entities, encompassing corporations, non-governmental organizations (NGOs), educational institutions, and foundations. For example, the government must ensure that its citizens have access to clean water and adequate healthcare. Similarly, a parent must work to provide for the basic needs of his or her family. In the same vein, corporations must take measures to dispose of their wastes properly to avoid harming the community.
Prisoner’s rights are simply the implementation of the UDHR on people who are incarcerated for various violations of state or international laws; this may not necessarily constitute an infringement of the human rights of others. The fact that prisoners may have committed a crime does not strip them of the human status. They are still human beings with inalienable rights, such as the right to choose the government.
All human beings have a right to life and safety. As such, the government must ensure that these human beings get adequate shelter, clothing, food, and protected from torture, and harm, including from fellow inmates (The New York Times 2). Prison administration should not implement the declaration partially but wholly. The rights of prisons are indivisible, interdependent, and interrelated as underpinned in the declaration. Therefore, taking away the right to freedom of movement does not confer the power to the facility to take away other rights. The judiciary system should neutralize the effects of that infringement by promoting other rights, such as freedom from torture, access to adequate education, sufficient nutrition, quality healthcare, and adequate visitation by family and friends.
Prisoners are humans regardless of the offense they committed. As such, their rights cannot just be taken away at the discretion of the government agents. Being incarcerated is already a punishment for them, and breaking a law does not warrant the withdrawal of their human rights. Inmates should be treated as other humans despite having committed a crime. For example, they should be afforded the right to exercise their religion (Symonds 2). The fact that prisoners are humans renders the UDHR applicable to them as well, otherwise the rights ceases to be universal, inalienable, indivisible, interdependent and interrelated, and becomes privileges for a special category of humans.
By committing a crime, the prisoner violated the human right of the victim; therefore, they do not appreciate them. As such, an individual who does not see the value of such rights should have his privileges taken away. Incarceration achieves this end by withdrawing some of the rights, starting with the freedom of movement. Taking away this right for a designated time removes the opportunity for the prisoner to infringe the rights of more people. When a single right is taken away, it creates a situation for withdrawing the other rights. For example, taking away the right to free of movements makes the indivisible, inalienable, interdependent, and interrelated principle of the declaration invalid. Of note, UDHR commits all organ of the society, part of which the prisoner is to observe humans rights. Punishment for failure to fulfill them includes taking away the rights; otherwise, it would be hard to punish the offense.
There are other members of the society, including the homeless, elderly and orphans, who experience a violation of their human rights at higher degree than prisoners. Therefore, it is not rational to confer more human rights to individuals who disregard the same at the expense of peaceful, law-abiding citizens. As such, the government should channel more of its resources to fulfilling the human rights of its underprivileged citizens. As such, criminals should not be afforded the same dignity as law-abiding citizens. They surrender their human rights by virtue of violating those of others. Thus, the rights of the prisoners should be limited to the basic ones necessary for their survival.
Prisoners are deserving of human rights as their lawful counterparts for various reasons. Having infringed on the human rights of others does not render them less of a human. Since human rights are indivisible, inalienable, interdependent and interrelated as per the declaration, taking away one right constitutes its breach. Every organ of society, in this case the government and the prison wardens, must strive to promote the rights espoused in the UDHR. The government should ensure prison system facilitates these rights as much as possible.
Symonds, Alexandria. “Overlooked No More: Martin Sostre Who Reformed America’s Prisons From His Cell.” The New York Times 24 April 2019: 1-7.
The New York Times . “‘No One Feels Safe Here’: Life in Alabama’s Prison.” New York Times 29 April 2019: 1-5.
United Nation. Universal Declaration of Human Rights. <https://www.un.org/en/universal-declaration-human-rights/>.
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