UN Outlines Human Rights For Health Care of Offenders - Essay Sample

Introduction

The United Nations have outlined the human rights that need to be observed relative to health. The United Nations requires that the offenders be accorded the highest standards of physical and mental health. Inclusively, the rights should include a medical examination, free medication, and the right to request a second medical opinion. Additionally, the offenders have the right health food, water, hygiene, clean environment, good sanitation, lighting, clothing, ventilation, bedding, and exercise. Generally, any required medical intervention should be accorded to the offender at any required time without fail including the mentally ill offenders (Zayas, 2010).

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In terms of religion, the United Nations outlines that it is wise to respect the religious belief and cultural perception of the offenders. About cruel and unusual punishment the United Nations recommends that solitary confinement as punishments should be abolished (Zayas, 2010). Subsequently, corporal punishments like the placement of dark cells or reduction of diet should be done away with. In case an offender is married they have the right to inform the spouse on the offense and places of confinement.

Notably, the offenders according to Seibert-Fohr (1999) should at no point be subject to arbitrary interference with his or her privacy, family, home, or correspondence. Arguably, in regards to property, the UN recommends that all money, valuables, clothing, and possession of an individual upon arrest shall be kept in safe custody (Rodley & Pollard, 2009). The offender shall be given his property when living the prison. Significantly, mentally ill people shall segregated and taken to the mentally ill institution and be given medical attention that is required.

Reports indicate that many offenders are locked up in Jamaican prisons. Despite prohibition by the constitution many prisons disregard human rights. Infringements of human rights which include the use of physical force by the police, intimidation, denial to access to clean water, extreme exposure to heat or cold, limited food, inadequate sanitary conditions, and medical care is being experienced (Rodley & Pollard, 2009). In Jamaica, the law indicates that the offenders must be accorded the following human rights when facing criminal charges, the rights to access to a legal representative, and legal counsel (Seibert-Fohr, 1999). However, despite the call by the government to honor human rights, the police fraternity continues to use lethal force in dealing with criminal suspects (Peru, 2006). Human rights concerning offenders should be respected which includes but not limited to freedom from torture, inhuman, degrading treatments, punishments, arbitrary arrests, detention, and denial of a fair public trial.

They are legislation that relates to the courts and prison in Jamaica on justice reforms. The first reform is fair and timely case resolution. The Jamaicans courts propose to take minimal time to work on cases especially in regards to their complexity (Paton, 2004). Also, access to justice is the other reform that the courts are planning to implement. Significantly, it relates to the status people have in society. Justice must be available to all members irrespective of the social status in Jamaica (Paton, 2004). Further, reforms such as the strong judiciary, and workforce including establishing a sound court infrastructure is among major justice reforms.

The legislation, which relates to terrorism in Jamaica, explains that in the case that a terrorist act is performed; a person shall be liable to imprisonment for life. The act often leads to death or serious bodily harm (Terrorism prevention the terrorism prevention act arrangement of sections, n.d). Conclusively legislation dealing with the death penalty indicates that any offense leading to the death of a police officer, double murder, and murder for hire is equal to the death penalty. However, the legislation enacted in 2011 indicates that the death penalty is still in existence despite the adoption of rights and freedoms under the 2011 constitution (The advocates for human rights, n.d). Nevertheless, the government needs to ensure that the human rights of offenders are taken into consideration.

References

De Zayas, A. (2010). Human Rights, United Nations High Commissioner for. In A Concise Encyclopedia of the United Nations (pp. 275-283). Brill Nijhoff.Paton, D. (2004). No bond but the law: Punishment, race, and gender in Jamaican state formation, 1780-1870. Duke University Press.

Peru, M. C. C. P. V. (2006). Inter-American Court of Human Rights. SUMMARIES OF IURISPRUDENCE Gender-based Violence, 1.Rodley, N., & Pollard, M. (2009). The treatment of prisoners under international law. OUP Oxford.

Seibert-Fohr, A. (1999). Domestic implementation of the International Covenant on Civil and Political Rights pursuant to its Article 2(2) (Master's thesis, George Washington University).

Terrorism prevention the terrorism prevention act arrangement of sections. Retrieved 12th October 2019 from http://www.vertic.org/media/national%20legislation/jamaica/jm_terrorism_prevention_act.pdf

The advocates for human rights (n.d). Jamaica's Compliance with the International Covenant on Civil and Political Rights: Death Penalty and Death Row Conditions List of Issues Report. Retrieved from https://www.theadvocatesforhumanrights.org/uploads/jamaica_list_of_issues_iccpr_death_penalty_january_2016.pdf