Background Guide- Human Rights Council Topic 1: Abortion laws The abortion debate refers to discussion and controversy

surrounding the moral and legal status of abortion. The two main groups involved in the abortion debate are the selfdescribed "pro-choice" movement (emphasizing the right of women to choose whether they wish to bring a fetus to term) and the self-described "pro-life" movement (emphasizing the right of the unborn child to be born). Both of these are considered loaded terms in general media where terms such as "abortion rights" or "anti abortion" are preferred. Each movement has, with varying results, sought to influence public opinion and to attain legal support for its position. In some cases, the abortion debate has led to the use of violence. Abortion law varies between jurisdictions. For example, in Canada abortion is available on demand, while in Ireland abortions are illegal. The debate over whether or not abortion should be a legal option continues to divide Americans long after the US Supreme Court’s 7-2 decision on Roe v. Wade (342 KB) [49] declared the procedure a "fundamental right” on Jan. 22, 1973. Proponents, identifying themselves as pro-choice, contend that abortion is a right that should not be limited by governmental or religious authority, and which outweighs any right claimed for an embryo or fetus. They argue that pregnant women will resort to unsafe illegal abortions if there is no legal option. Opponents, identifying themselves as pro-life, assert that personhood begins at conception, and therefore abortion is the immoral killing of an innocent human being. They say abortion inflicts suffering on the unborn child, and that it is unfair to allow abortion when couples who cannot biologically conceive are waiting to adopt. Variations exist in arguments on both sides of the debate. Some pro-choice proponents believe abortion should only be used as a last resort, while others advocate unrestricted access to abortion services under any circumstance. Pro-life positions range from opposing abortion under any circumstance to accepting it for situations of rape, incest, or when a woman's life is at risk. Some prominent pro-choice organizations include Planned Parenthood, NARAL ProChoice America, the National Abortion Federation, the American Civil Liberties Union (ACLU), and the National Organization for Women. Although many pro-life positions derive from religious ideology, several mainstream faith groups support the pro-choice movement, such as the United Methodist Church, United Church of Christ, the Episcopal Church, Presbyterian Church, and the Unitarian Universalist Association. The 2008 Democratic Party Platform (435 KB) [55] endorsed the pro-choice position, stating, "[We] strongly and unequivocally support Roe v. Wade and a woman’s right to choose a safe and legal abortion, regardless of ability to pay, and we oppose any and all efforts to weaken or undermine that right." However, approximately 35% of Democrats consider themselves pro-life. [8]

Some prominent pro-life organizations include The National Right to Life Committee, Pro-Life Action League, Operation Rescue, the Catholic Church, the Eastern Orthodox Church, Americans United for Life, the National Association of Evangelicals, Family Research Council, Christian Coalition of America, and the Church of Jesus Christ of Latter-Day Saints (Mormon Church). [6] The 2008 Republican Party Platform (861 KB) [56] opposed abortion stating, "[A]t its core, abortion is a fundamental assault on the sanctity of innocent human life. Women deserve better than abortion. Every effort should be made to work with women considering abortion to enable and empower them to choose life." However, about 30% of Republicans are pro-choice. [7]

Bob Englehart's 1981 political cartoon "When Does Life Begin?," originally published by The Hartford Courant 2009 Gallup poll on abortion attitudes revealed that 51% of Americans consider themselves pro-life and 42% pro-choice. It was the first time since 1995, when the poll first started, that a majority of Americans identified as pro-life, and it was the first time since 2000 that more people were pro-life than pro-choice. [9] Surgical abortion (aka suction curettage or vacuum curettage) is the most common type of abortion procedure. It involves using a suction device to remove the contents of a pregnant woman's uterus. The second most common abortion procedure, a medical abortion (aka an "abortion pill"), involves taking medications, usually mifepristone and misoprostol (aka RU-486), within the first seven to nine weeks of pregnancy to induce an abortion. [39] The Centers for Disease Control and Prevention (CDC) found that the majority (62%) of abortions performed in 2006 were performed at less than eight weeks of gestation. [40]

In 1821, Connecticut became the first state to criminalize abortion. It banned the selling of an abortion-inducing poison to women, but it did not punish the women who took the

000 women of childbearing age. Congress passed the appropriations bill for the Departments of Labor. 29." LifeNews. banning legislative interference in the first trimester of pregnancy. In 1976. influenced primarily by physicians fearing its safety. which declared most state antiabortion laws unconstitutional. before leveling out from Apr. and Welfare (now the Department of Health and Human Services) which included an amendment ending Medicaid funding for abortions. 2009From Roe v. Legal consequences for women began in 1845 when New York criminalized a woman's participation in her abortion.poison. Wade. with some exceptions varying by state. Wade through 2005. pro-life proponents pushed for federal legislation that would restrict abortion. all 50 states had outlawed abortion." this provision banning federal funding for abortions has been renewed with various revisions every year since its inception. 2011 Guttmacher Institute study (506 KB) .3 million abortions per year (1. and allowing states to regulate abortion during the second trimester (weeks 13-28) and third trimester (weeks 29-40). most states had banned abortion.4 abortions per 1. [65] The National Right-to-Life Committee said increased promotion of RU-486 as a . but it abandoned the trimester framework outlined in Roe v. 1.6 million in 1990. [2] [3] The US abortion rate fell 29% between 1990 and average of about 1. more than 45 million legal abortions were performed . and 40% of all women have an abortion by the age of 45. [41] By the early 1900s.2 million in 2005).4 to 19. 1992 the US Supreme Court case Planned Parenthood of Southeastern Pennsylvania v. Wade and adopted a less restrictive standard for state regulations Demonstrators holding pro-choice and pro-life signs Source: "New Pew Poll Shows Support for Legal Abortion Drops to Lowest Level in 15 Years. Known as the "Hyde Amendment. Health. Casey (100 KB) [57] (5-4) upheld the constitutional right to have an abortion. but only when "related to maternal health." Immediately following Roe v. [42] Federal action on abortion didn't occur until Roe v. By 1965. from 27. Wade. according to a Mar. [1] [65] One out of five pregnancies end in abortion. women aged 20-29 receive 55% of all abortions. The high court’s 7-2 decision established rules based on a pregnancy trimester framework. Education. On June 29.

after passing in the US House of Representatives (281-142) and the US Senate (64-34).800 abortion providers in the United States. the Partial-Birth Abortion Ban Act of 2003 (167 KB) [58] was signed into law by President George W. a late-term (after 21 weeks gestation) method which comprised 0. Carhart/Gonzales v. [66] On Nov. [44] Between 1982 and 2000.. any part of the fetal trunk past the navel is outside the body of the mother.. The topic of abortion flared in the 2010 US Congress health care debate. This federal legislation banned physicians from providing intact dilation and extraction (aka "partial-birth" abortion). the number of abortion providers declined by about 38%. Additionally. Planned Parenthood (383 KB) [59] upheld the act. 5. who chose to undergo abortions rather than face the cost of raising a child.17% of abortion procedures in 2000. Pro-choice proponents argued that abortion should not be treated differently than other health care services."safe and simple" option was responsible for ending the decline in abortion rates. or. however. Prochoice groups attributed it to increased economic pressures facing poor women. a professional association of abortion practitioners. 2007 US Supreme Court case Gonzales v. Bush.. nine abortion physicians have been murdered between 1993 and 2009. Abortion opponents in both the House of Representatives and the Senate did not want recipients of insurance subsidies to use federal funding for abortions. ruling (5-4) that it did not impose "an undue burden on a woman's right to abortion. 18. 87% of US counties do not provide abortion services. [45] Pro-choice advocates believe increased clinic violence contributed to this downward trend. 2003." Although there are about 1. for the purpose of performing an overt act that the person knows will kill the partially delivered living fetus. the entire fetal head is outside the body of the mother.." Pro-choice advocates challenged the constitutionality of the Partial-Birth Abortion Ban Act of 2003. [43] The act defines a "partial-birth abortion" as "an abortion in which the [provider] deliberately and intentionally vaginally delivers a living fetus until. estimates that over 200 arson and bombing incidents were committed against abortion clinics between 1996-2007. The National Abortion Federation. [46] Mainstream pro-life leaders and organizations have publicly denounced extremism against abortion providers and clinics. The health . the Apr.

" [24] 4. who said there was little evidence that sex." [10] 2." Abortion involves killing a human being and defies a commandment from God. Derbyshire." re-affirming Hyde Amendment restrictions in the new health care legislation. Anesthesiology and Neurobiology at the University of Tennessee Health Science Center. but the environment after birth. [62] The following day. DPhil. limbs. Oklahoma's law was the first that required women to watch the monitor and listen to a detailed description of the fetus. PhD.or race-selection abortions were taking place in the state. Senior Lecturer at the University of Birmingham (England). 2010. "If the fetus is beyond 20 weeks of gestation. Nebraska's Republican Governor Dave Heineman signed a law banning abortions at or after 20 weeks gestation on the theory that a fetus can feel pain by that point in pregnancy. [64] Pro & Con Arguments: "Should abortion be legal?" PRO Legal Abortion CON Legal Abortion 1. President Obama signed the Patient Protection and Affordable Care Act (2. Personhood begins at birth. the Oklahoma legislature signed a law requiring pregnant women seeking an abortion to undergo an ultrasound and listen to a detailed description of the fetus's heart. [48] On Mar.2 MB) . Unborn babies are innocent human beings "fundamental right" recognized by the from the moment of conception. is also yet to occur. Mar. The bill. The Sixth Commandment of the Bible's Old Testament (Exodus 20:13) is "Thou shalt not kill. 22. Arizona became the first state to criminalize abortions based on the sex or race of a fetus. S. Professor of Pediatrics. A woman's right to choose abortion is a 1. 2010. was opposed by Democrats. The law was the first in the US to restrict abortions based on fetal pain. 29. I would assume that there will be pain caused to the fetus. not a baby. On Apr. 3. 24. and organs. Wade (342 KB) . 2010. G. 2010 and on Mar. which must be protected. Abortion is terminating a pregnancy. "Not only has the biological development not yet occurred to support pain experience. 2010. 13. the president signed an executive order (14. [23] 3. Fetuses are incapable of feeling pain when an abortion is performed according to Stuart W. signed into law by Republican Governor Jan Brewer. They US Supreme Court in the Jan. Fetuses feel pain during an abortion according to Kanwaljeet J. The original text of the Hippocratic Oath. [49] 2. State abortion measures sparked public attention in 2010 and 2011.5 KB) [63] "to establish an adequate enforcement mechanism to ensure that Federal funds are not used for abortion services. . case Roe v. While other states have passed laws requiring women to undergo an ultrasound before having an reform bill passed its final congressional vote (219-212) in the House of Representatives on Mar. [47] On Apr. And I believe it will be severe and excruciating pain. 1973 have a fundamental right to life. 21. MBBS. Anand. A fetus is not a human being. Personhood at conception is not a proven biological fact. 27. 2011. 23. so necessary to the development of pain experience.

methods. contraceptives are not always easily (474 KB) [52] If abortion were available. A July/Aug. Modern abortion procedures are safe. [51] states that "[A]ll men are created equal. women would not be so prescriptions to buy many birth control careless.767 women right to life in this country. not Obstetricians and Gynecologists found abortion.000 directly contradicts the Founding pregnancies." [25] . One section of the oath reads: "I will not give a woman a pessary [a device inserted into the vagina] to cause an abortion. Women need doctor not available. to prevent unwanted that women who had at least two pregnancies. the patch. The by their Creator with certain risk of a woman’s death from abortion is unalienable Rights. About half of all large group-insurance plans do not 7. the oath that doctors traditionally take when swearing to practice medicine ethically. professionally-performed abortions reduces injury and death caused by unsafe illegal abortions. I must not play at God.000 American women birth control pill.4. and the diaphragm. The Declaration of Independence (33 KB) law in the United States. The World Health Organization estimated in 2006 that "back-alley" abortions cause 68." Allowing abortion birth is 13. are Life. forbids abortions. [16] that 51. 1998 Journal of Social and contraceptive services. Access to legal. [15] As of 2009. [13] Furthermore. the shot.3 deaths per 100. 2001 Guttmacher Institute study of health care found that women who aborted were 154% more likely to commit suicide insurers found that 75% of insured women lacked coverage for than women who carried to term. Religious ideology should not be a foundation for 5. Women should use contraceptives.000. that they are endowed 6. [12] Whereas. a 1993 Fathers' intentions for an inalienable fertility investigation of 10. Abortions cause psychological damage. A 2002 peer-reviewed study published cover any form of prescription contraception. 17 million US women are completely Clinical Psychology study on men whose partners had abortions found uninsured. The anti-abortion position is usually a religious belief and threatens the vital separation of church and state." The modern version of the Hippocratic Oath written in 1964 by Luis Lasagna also forbids abortion in its line. A Centers for Disease abortions experienced the same future Control and Prevention (CDC) study fertility as those who had at least two showed that 19-25% of women who natural pregnancies. that among these less than one in 100.6% of the men reported regret. [14] received abortions in 2006 had 7. and only a third cover the by the Southern Medical Journal of more than 173. [11] 5.000 maternal deaths each year in countries where abortion is not legal. [26] An Apr. such as the pill. by the Joint Royal College of General Practitioners and Royal College of 6. Liberty and the pursuit of the risk of a woman dying from giving Happiness. Access to abortion is necessary because previously had one or more abortions. "Above all.

000 US children are These doctors. but if they make a estimated $831 million annually.876 harm. [53] threatening medical conditions. [30] 1.000. values and morals.500 babies are 9. limitations don't make those with disabilities less than human. There is a lack of adoptable babies because medical practice standards. [18] It is not abnormalities (eugenic termination) is right to sentence a child to life with an overt discrimination. Abortion lowers crime. The 10.2% felt sadness. Abortion gives couples the option to choose 1973 to 1% of those born between not to birth babies with severe and life1996 and 2002 (447 KB) .000 males and 1 in 8. X syndrome. affects about babies to people who can not 1 in 4. The American Medical Association (AMA) 45." around $350 to more than $1. and 25. not politicians. A Sep. [31] campaign speech in Johnston. have a baby. 10. Black Reproductive choice helps prevent women are 4. 2005 survey in the peer-reviewed Americans with Disabilities Act of journal Perspectives on Sexual and 1990 (110 KB) [54] provides the Reproductive Health asking women why civil rights protection needed for they had an abortion found that 73% of people born with disabilities to lead participants said they could not afford to fulfilled lives. Motherhood must never be a punishment Between 1882 and 1968.446 Blacks were lynched in the US. biologically conceive.8% recognizes abortion as a medical experienced depression. Physical acute handicap. [32] An abortion can cost anywhere from mistake. There are abortion is legal. should available to be adopted as of June have the authority to make medical 2002. [17] infants given up for adoption has declined from 9% of those born before 9. Over two million about 1. "I have two daughters. Some estimates interested in making money than . Selective abortion based on genetic born with Cystic Fibrosis. the most common genetic women should give their unwanted form of mental retardation. against African Americans.5 times as likely as white women from experiencing financial women to have an abortion. Fragile Instead of having the option to abort. The abortion industry makes an I'm going to teach them first about 11. President Barack Obama said in a Mar. and 38% claimed giving birth would interfere with their Abortion is an instrument of genocide education and career goals. One in 800 babies have Down Syndrome. [28] [29] The percentage of decisions regarding abortion. [27] procedure if performed by a licensed physician in conformance with good 8.800 licensed physicians who couples are waiting to adopt babies. and only 134.. 3.000 females. Pennsylvania.8. provide abortions in the United States. I don't want them punished with a baby.. [19] black babies are aborted every day. In less than for having sexual intercourse. 29. and one in 3. [33] Abortion entrepreneurs are more 12. 2008 three days in 2010 more black babies are killed by abortionists. 11.

and conflict over resources are all consequences of overpopulation. Levitt apologized and said on Nov. pollution. When the process is interrupted by abortion. immature cells are left in the woman's breasts. Unwanted babies are often raised poor. Abortion should be legal because it is an effective tool in population control. levels of estrogen increase. the Catholic Medical Association. scientists. [36] The 2001 claim by Freakonomics author Steven Levitt that abortion reduces crime is flawed. great presidents. and the American College of Obstetricians and Gynecologists (ACOG) have all refuted 15. the American Cancer Society (ACS). Economists at the Federal Reserve Bank of Boston found coding errors in Levitt’s research. lack of medical and educational services. [22] . and violent 12. [50] Birthing children is an important lifelong decision that requires responsible consideration. 15. assisting their clients. The US would be an entirely different country if the mothers of our nation’s heroes. the reliability of studies claiming an association between breast cancer and abortion. In response to their revelation. [35] Since 2006. [34] Abortion increases the likelihood that women will develop breast cancer. preparation. poverty. leading to breast growth in preparation for a woman to milk her child. Teenage girls. 2005 that he was "personally embarrassed" about his errors. eight medical organizations including the Breast Cancer Prevention Institute. [21] The science behind the theory that abortion increases the likelihood that women will develop breast cancer is unsubstantiated. In early pregnancy. increasing their chances of leading criminal lives in adulthood. claim that legalized abortion accounted for as much as 50% of the drop in murder. athletes. A baby should not come into this world unwanted. unmarried women. and poor women are more likely to have unintended pregnancies. and the National Physicians Center for Family Resources have recognized the connection between abortion and breast cancer. A June 2003 study published by the peer-reviewed International Journal of Epidemiology estimated that about 15% of firsttrimester miscarriages are attributed to prior history of induced abortion. and others had chosen abortion. underdevelopment. Abortion eliminates the potential societal contributions of a future human being. 49% of all pregnancies among American women are unintended (159 KB) . [20] 13. 28. Malnutrition. 14.13. [37] [38] 14. resulting in a greater potential risk of breast cancer. crime between 1973 and 2001. The National Cancer Institute (NCI). property crime. and planning. Abortion increases the likelihood of future miscarriages. starvation.

Many Buddhists also subscribe to this view.[ Traditional sources. because the religious ban on abortion is sometimes overruled by the cultural preference for sons. thoughts and teachings about abortion. This can lead to abortion to prevent the birth of girl babies. an action that does not seek the death of the foetus as an end or a means but that is followed by the death as a side effect." The BBC goes on to state. "When considering abortion. the foetus and society. "I think abortion should be approved or disapproved according to each circumstance. The Dalai Lama has said that abortion is "negative. the Hindu way is to choose the action that will do least harm to all involved: the mother and father. there are sizable minorities in all denominations that disagree with their denomination's stance on abortion. "In practice. hold that life begins at conception and that abortion. Hinduism Classical Hindu texts strongly condemn abortion. however. namely.Religious views on Abortion Buddhism There is no single Buddhist view concerning abortion. Some Hindus support abortion in cases where the . are more permissive of abortion. More generally. The Catholic Church." While traditional sources do not seem to be aware of the possibility of abortion as relevant to the health of the mother. should be rejected. which would then involve the deliberate destruction of life." Hindu scholars and women's rights advocates have supported bans on sex-selective abortions. and most evangelical Protestants oppose deliberate abortion as immoral. The British Broadcasting Corporation writes. some Christian denominations can be considered pro-life while others may be considered pro-choice. and there is scholarly disagreement on how early Christians felt about abortion. Contemporary Christian denominations have nuanced positions. Additionally. the Eastern Orthodox Church.[4] Christianity The intersection of Christianity and abortion has a long and complex history though there is no mention of abortion in the Christian Bible. modern Buddhist teachers from many traditions – and abortion laws in many Buddhist countries – recognize a threat to the life or physical health of the mother as an acceptable justification for abortion as a practical matter. He said. Oriental Orthodoxy. especially in extenuating circumstances. United Church of Christ. though it may still be seen as a deed with negative moral or karmic consequences. while allowing what is sometimes called indirect abortion. Complicating the issue is the Buddhist belief that "life is a continuum with no discernible starting point"." but there are exceptions. and the Evangelical Lutheran Church of America. Some mainline Protestant denominations such as the Methodist Church. among others. an example of which is the group Catholics for a Free Choice. such as the Buddhist monastic code. which is called 'female foeticide'. abortion is practiced in Hindu culture in India.

causing an abortion on an unwilling woman is thus a crime. Jewish thinking on abortion has responded both to liberal understandings of personal autonomy as well as Christian opposition to abortion.. and other rabbinic literature.mother's life is at imminent risk or when the foetus has a life threatening developmental anomaly. According to the British Broadcasting Corporation. but not because the foetus is considered a person. In Judaism. the one responsible shall be fined. Despite this theoretical viewpoint. most agree that the termination of a pregnancy after 120 days – the point at which. with few health-related exceptions. the Talmud. abortion is not uncommon among the Sikh community in India. it is generally forbidden in Sikhism because it is said to interfere with the creative work of God. "Judaism does not forbid abortion. The Torah contains the law that "when men fight and one of them pushes a pregnant woman and a miscarriage results but no other misfortune. and there is growing concern that female foetuses are being aborted because of the cultural preference for sons. Judaism expects every case [related to abortion] to be considered on its own merits and the decision to be taken after consultation with a rabbi competent to give advice on such matters. in Islam.but if other misfortune ensues. Reconstructionist and Conservative movements openly advocate for the right to a safe and accessible abortion. Islam Although there are different opinions among Islamic scholars about when life begins and when abortion is permissible. There are rulings that often appear conflicting on the matter. Some Hindu theologians and Brahma Kumaris believe personhood begins at three months and develops through to five months of gestation. Abortion is only permitted for serious reasons. the penalty shall be life (nefesh) for life (nefesh). and reform and conservative Jews tend to allow greater latitude for abortion. possibly implying permitting abortion up to the third month and considering any abortion past the third month to be destruction of the soul's current incarnate body." Sikhism Although the Sikh code of conduct does not deal directly with abortion (or indeed many other bioethical issues). views on abortion draw primarily upon the legal and ethical teachings of the Hebrew Bible.[ . moreover. Generally speaking." (Ex. orthodox Jews oppose abortion.21:22-25). abortion should be permissible only in instances in which the mother's life is in danger or in cases of rape Judaism Orthodox Jewish teachings sanction abortion as a means of safeguarding the life of the woman.Several Islamic thinkers contend that in cases prior to four months of gestation. but it does not permit abortion on demand. a fetus is thought to become a living soul – is not permissible . In the modern period. While the Reform. The Talmud states that a fetus is not legally a person until it is delivered. the case-by-case decisions of response. the Orthodox movement is less unified on the issue..

men that have been statutorily raped by women have been forced to pay child support to their rapists. Similarly. . This has led to outcry from men and they have started demanding that they should have equal say in deciding the future of the child as the woman carrying the child does. As a result. why not grant him the right to demand an abortion where he is unwilling to provide for the child? In reference to those cases in which men who do not desire to become fathers have been required to pay child support. In some cases. if a man impregnates a woman with the explicit goal of having a child. Melanie McCulley. therefore.     On  the  other  hand  several  people  argue  that  doing  so  will  create  complications  as   taking  a  decision  in  the  conflict  between  the  interests  of  the  mother  and  the  father   would  be  tough  if  their  consent  is  made  equal. Harris has written that. bioethicist Jacob Appel has pointed out that “if one grants a man veto power over a woman’s choice to have an abortion in cases where he is willing to pay for the child." set forth the theory of the "male abortion. then it would be morally unacceptable for that woman to later have an abortion." in which she argues that men should be able to terminate their legal obligations to unwanted children. Philosopher George W. Advocates of father's rights and members of the men's movement often argue that the valuing of maternal rights on the unborn child over paternal rights is an example of sexual discrimination. are responsible for the pregnancy) are not also held accountable to. Certain western nations have deemed it unnecessary to ask for the father’s consent before performing abortion or have at least given it less importance than the mother’s consent. in a manner that is mutually consensual. a South Carolina attorney. "A woman can legally deprive a man of his right to become a parent or force him to become one against his will". Parenting authority Armin Brott has said of this. men’s rights advocates such as Daniel Conley have argued that men should have veto power over their partners’ decisions to abort. creating a double standard. Those who support a man's right to direct involvement argue that it is unreasonable that women are often given more options with regards to pregnancy and parenthood than men. too. Governments that ban abortion arguably burden women with certain duties that men (who. in her 1998 article. However.Debate over Paternal Rights The abortion debate is not only about whether to allow abortion or not but also includes other aspects such as the requirement for father’s consent before performing abortion.  Women  argue  for  Gender  Equality  by   saying  that  they  should  be  allowed  to  have  an  abortion  without  anyone  else’s   consent  because  that  will  make  allow  them  to  walk  away  from  parenthood   whenever  they  want  to. "The Male Abortion: The Putative Father's Right to Terminate His Interests in and Obligations to the Unborn Child.

with 26% opposed. 1987: Robert Carver of the United Kingdom tried to prevent an abortion in the 1987 case C v. 1989: Jean-Guy Tremblay of Quebec filed an injunction against his girlfriend. a professor at Brooklyn Law School. The entire legal process took 36 hours. Nonetheless. The law stated that a woman has no overriding priority over her spouse in deciding whether to have a child. Paton's later request for a hearing before the European Court of Human Rights was also denied. in attempt to prevent her from obtaining an induced abortion in the 1989 Canadian case Tremblay v. He claimed that the Infant Life (Preservation) Act applied to the fetus. as. from undergoing an abortion in the 1978 case Paton v. making it one of the fastest cases in the history of British law. Joan. A 2002 United States Gallup special report mentions only 38% of the population being opposed to requiring the consent of the husband of a married woman for an abortion. the woman involved chose to carry the pregnancy to term and gave the baby to Carver. it was brought before the House of Lords.Those who object to men having a right to direct involvement argue that because it is the woman who carries the couple's unborn baby. as a fetus was not found to have a right to life under the Quebec Charter of Human Rights and Freedoms.S. 72% of respondents were in favour of notification to the husband. courts acknowledge "that embryo is in the woman's body. Daigle. stated that U. where three Law Lords sided with the earlier decisions. S. When the High Court of Justice and the Court of Appeal dismissed the case. so it's not just her decision-making about whether to bear a child. A judge ruled in his wife's favor and Mr. and it’s about her body". at the time. Marsha Garrison. A number of legal cases have arisen in the Western world in which men have tried to prevent women with whom they had been sexually active from obtaining an abortion.[ This conflict has come up several times in the various abortion cases around the world some of these cases areIn China the husband of a woman who had an abortion filed a lawsuit against her in 2002 under a law intended to grant sexual equality in terms of childbearing and contraceptive decisions. Trustees of British Pregnancy Advisory Service Trustees. his ex-girlfriend was 21 weeks along. of those polled. her determination for or against abortion should be the definitive one. all of which failed: § § § 1978: William Paton of Liverpool. The Supreme Court of Canada ultimately ruled that there was no precedent for a man's right to protect his "potential progeny". 79% of males and 67% of females responded in favour. . United Kingdom attempted to stop his separated wife. Chantal Daigle. as the Health Authority refused to allow an abortion before a decision was reached. it is within her and can't be separated from her. In a 2003 Gallup poll.

abortion was illegal anytime after quickening – when the movements of the fetus could first be felt by the woman. and by medical professionals who were concerned about the danger presented by the procedure and the regular involvement of non-medical personnel in performing abortions. that illegal abortions continued to take place in large numbers even where abortions were expressly illegal. with natural remedies being found amongst a wide variety of tribal people and in all our written sources. Denmark. he served 10 months. He went to prison. Under the born alive rule. was never convicted by a jury. it is entailed in concerns about male property rights. Political movements soon coalesced around the legalization of abortion and liberalization of existing laws. recommending penance but seldom enforcing secular punishment. 1952 in Yugoslavia (on a limited basis) and 1955 . By the early 20th century. and abortion was not treated as murder in English law. As a matter of common law in England and the United States. Under Vladimir Lenin. Turkey. unsuccessfully attempted to prevent his former girlfriend Claire Hansell from having an abortion. and judges and juries were often reluctant to convict. In the 19th century. United Kingdom. but the acquittal was overturned by five judges on the Quebec Court of Appeal in 1974. the Soviet Union legalized all abortions in 1920. many Western countries began to use statutes to codify or place further restrictions on abortion. When it does appear. and was again acquitted. suffering a heart attack while in solitary confinement. History of Abortion Abortion has been part of family planning since ancient times. It became clear in the following years. but this was fully reversed in 1936 by Joseph Stalin in order to increase population growth. Sweden.) Many[] were also outraged at the invasion of privacy and the medical problems resulting from abortions taking place illegally in medically dangerous circumstances. and for slaves who produced abortion in a woman of high status. threat to mother's health. In total. preservation of social order. several countries (Poland. however. fetal malformation). and the duty to produce fit citizens for the state or community. (He was acquitted by a jury in the 1973 court case. Iceland. Henry Morgentaler. Pro-life forces were led by a combination of conservative groups opposed to abortion on moral grounds. appealed. Mexico) legalized abortion in some special cases (rape.§ 2001: Stephan Hone of Coventry. Religious texts often contained severe condemnations of abortion. In 1948 abortion was legalized in Japan. many countries had begun to legalize abortions when performed to protect the life of the woman.[] It was difficult to obtain sufficient evidence to prosecute the women and abortion doctors. and in some cases to protect the health of the woman. In the 1930s. Our earliest texts contain no mention of abortion or abortion law. the fetus was not considered a "reasonable being" in rerum natura. for instance. The harshest penalties were generally reserved for a woman who procured an abortion against her husband's wishes.

[5][6] Abortion rates are very difficult to measure in locations where those abortions are illegal. so countries like Canada and the United States legalized it by the will of the Supreme Court instead. After Germany's reunification. Bulgaria. including Canada (1969). is difficult to measure. there are very few with laws as liberal as those of the United States. there is an inherent difficulty in the enforcement of international law due to the issue that state sovereignty poses. the abortion rate in developing countries is largely attributable to lack of access to modern contraceptives. including almost 15 million fewer unsafe abortions. France (1975). the Abortion Act of 1967 clarified and prescribed abortions as legal up to 28 the Soviet Union (on demand). Tunisia (1973). Hungary. National laws On average. holding that they contradict the constitution's human rights guarantees. when it comes to laterterm abortions. Romania) legalized abortion in the late fifties under Soviet pressure[]. However just as it was difficult to convict abortion providers it was also difficult for many countries to get the public support necessary for the elected government to legalize it. Austria (1975). the United States (1973 in most states. Some Soviet allies (Poland. there are treaties that may actually be enforced on or within their parties. despite the legal status of abortion in the former East Germany. Other countries soon followed. these countries vary greatly in the circumstances under which abortion is permitted.[8] According to the Guttmacher Institute and the United Nations Population Fund.[17] Restrictions on abortion are most stringent in countries that are more strongly observant . the effectiveness of even binding multi-national efforts to legislate the rights to life and liberty in general. However. the Netherlands (1980) and Belgium (1990). However.[16] Although nearly every European country makes abortion available on demand during the first trimester. the frequency of abortions is similar in developing countries (where abortion is generally restricted) to the frequency in developed countries (where abortion is generally much less restricted). the West German Supreme Court struck down a law legalizing abortion. or abortion in specific. Czechoslovakia. As such.[3] Europe Abortion is legal in nearly every European country although there is a wide variation in the restrictions under which it is permitted. New Zealand (1977). a compromise was reached which deemed most abortions up to 22 weeks legal. Italy (1978). The adoption of contraceptives in the 1950s and 1960s in Western countries resulted in comparatively few statutory changes on abortion law. In 1975. assuming no change in abortion laws. providing that access to contraceptives would result in about 25 million fewer abortions annually. In 1976 a law was adopted which enabled abortions up to 12 weeks. International law In addition to national and regional laws. In Great Britain. pursuant to the federal Supreme Court decision which legalized abortion nationwide).[7] and pro-life groups have criticized researchers for allegedly jumping to conclusions about those numbers.

Czech Republic. Georgia. Slovenia. South Africa. Germany. 13 weeks (Italy). Turkey. Cambodia. Russia. and the former Yugoslavia). Greece. Uzbekistan. viability (Netherlands and to some extent the United States). Moldova. Denmark. Latvia. Slovakia.[23] In addition. Croatia. Azerbaijan. and 24 weeks (Singapore and the United Kingdom [Northern Ireland excluded]). Ukraine. 54 either banned abortion entirely or permitted it only to save the life of the pregnant woman. Hungary. Norway. and Romania). Belarus. among the 152 most populous countries. 14 weeks (Austria. Turkmenistan. Kazakhstan. Macedonia. another 44 of the 152 most populous countries generally banned late-term abortions after a particular gestational age: 12 weeks (Albania. Bosnia-Herzegovina. Lithuania. Cuba.[16] Legal restrictions on later abortion As of 1998. Tunisia. France. Mongolia. Armenia.of the Catholic faith. Tajikistan.[23] . Belgium. 18 weeks (Sweden). Kyrgyzstan. Estonia. Bulgaria.


 right  to  personal  property   (cigarettes.  right   to  adequate  food  that  would  sustain  an  average  person.  administrative  appeals.     The  issue:     According  to  the  Universal  Declaration  of  Human  Rights  no-­‐one  may  be  subjected  to   arbitrary  arrest.   Rights  include:  the  right  to  due  processes.  right  to   be  notified  of  all  charges  against  them.  a  watch.      Under  international  human  rights  law.  right  to  visitation.  detention  or  imprisonment.  right  to  receive  a  written  statement   explaining  evidence  used  in  reaching  a  disposition.  right  to  a  hearing   upon  being  relocated  to  the  mental  health  facility.     But  in  many  countries  throughout  the  world.  and  snack-­‐food).  right  to  file  a  civil  suit  against   another  person.  cosmetics.     .    Detention  is  seen  as  ‘arbitrary’  when   there  is  no  legal  basis  for  detention  or  there  are  grave  violations  of  the  right  to  a  fair   trial.  stationary.     Human  rights  in  prison     • Prisoners  have  basic  rights  that  can't  be  taken  away  from  them     • Prisoners  have  basic  legal  rights  that  can’t  be  taken  away  from  them.  the  right  to  bathe  and  the   right  to  not  be  punished  cruelly  or  unusually.  These   include:   o the  right  to  food  and  water  protection  from  bullying.Topic 2: Violation of prisoners’ rights in various prison systems around the world Introduction     Prisoner's  Rights  Law  deals  with  the  rights  of  inmates  to  civil  and  human  rights.  right  to  medical  treatment  (both  long  and  short  term).  right  to  equal  protection  (Fourteenth  Amendment).  right  to   practice  religion  freely.  right  to  access  the   parole  process  (denied  to  those  incarcerated  in  the  Federal  System).  violence  and   racial  harassment  being  able  to  get  in  contact  with  a  solicitor     • Prisoners  should  be  given  leaflets  informing  them  about  their  rights  when   they  arrive  at  prison.  all  defendants  have  the  right  to  a  fair  trial.  detainees  are  held  without  due  process   and  prisoners  are  convicted  in  trials  where  these  safeguards  have  been  ignored.    In   some  instances  people  are  held  for  long  periods  without  trial.        Detention  and  imprisonment  which  is  lawful  under  national  standards  may  be   considered  arbitrary  under  international  standards.  right  to   mental  health  treatment  that  is  both  adequate  and  appropriate.

 All  prisons  should:   o respect  dates  and  times  for  prayer.   Disabled  prisoners  and  rights  must  be  given  equal  rights  as  any  other   prisoner.   Prison  staff  can  explain  how  a  prisoner  can  arrange  services  and  educational   courses.  Staff   should  make  sure  there’s  a  place  where  prisoners  can  go  for  prayers  or   religious  meetings.•     • • • • •   •   •   • A  prisoner  has  the  right  to  see  a  solicitor.  Prisons  may  also  give  English  classes.   Keeping  in  touch  with  someone  in  prison   Violence  or  bullying  in  prison  must  be  stopped.  by  providing  things  like:   o handrails  in  the  prison  cell  wheelchair  ramps  vibrating  alarm  clocks   for  prisoners  who  are  deaf  or  hard  of  hearing   o Help  for  prisoners  with  a  mental  health  condition   o Information  for  disabled  people  (disabled  people  section)     Prisoners  should  be  allowed  to  practice  a  faith  or  religion  in  prison.     • •     • • •   .  The  meeting  takes  place  within  the   sight  of  a  prison  officer  but  out  of  their  hearing  range.  religious  services  and  festivals   provide  vegetarian.   Telephone  conversations  and  letters  between  the  prisoner  and  their  solicitor   are  private.     Prisoners  have  the  right  to  feel  safe.   Prisoners  also  have  the  right  to  phone  or  write  to  a  solicitor.     Prisoners  who  don’t  speak  English  have  the  right  to  use  interpreting  and   translation  services.  Prisoners  who  are  being  bullied.     When  a  prisoner  first  arrives  at  prison  they  should  be  asked  about  the   support  they  need  and  what  ‘reasonable  adjustments’  the  prison  can  make.   threatened  or  attacked  should  tell  prison  staff  straight  away.     Help  for  prisoners  who  don’t  speak  English  should  be  provided.  All  prisons  have  healthcare  teams  to  look  after  prisoners  and   many  prisons  have  hospitals.  Halal  and  Kosher  food   Rights  to  healthcare:   o A  prisoner  has  the  right  to  the  same  healthcare  as  anyone  outside  of   prison.   Reasonable  adjustments  help  disabled  prisoners  to  use  prison  facilities  and   services.

 but  because  they  are   Information  on  prison  life  should  be  available  in  a  number  of  languages   within  the  prison.  What  faith  can   these  lost  souls  have  in  a  judicial  system  which  denies  them  a  bare  trial  for  so  many   years.  training  or  education  they   have  done  in  prison   o Allowed  to  lodge  complains  about  treatment  in  prison.  Some  of  the  under  trial  prisoners  whose  names  are  given  in  the   newspaper  cuttings  have  been  in  jail  for  as  many  as  5.   .       Prisons  keep  information  on  each  prisoner.  not  because  they  are  guilty.  Its  quest  for  prison  justice  is  probably  a  result  of  its  attempt  to   revive  liberty  after  extinguishing  it  in  the  Habeas  Corpus  case.  an   improvement  in  their  behavior  the  work.  including:   o Medical  records  the  progress  they  have  made  -­‐  for  example.     The  role  of  the  Supreme  Court  in  the  past  five  years  in  introducing  jail  reforms  has   been  commendable.  The  Maneka   principle  was  extended  to  prison  conditions  and  particularly  to  the  plight  of  under-­‐ trials.  7.  The  Supreme  Court  in  the  Writs  of  Habeas  Corpus   for  under-­‐trials  stated  that     "The  information  contained  in  these  newspaper  cuttings  is  most  distressing  and  it  is   sufficient  to  stir  the  conscience  and  disturb  the  equanimity  of  any  socially  motivated   lawyer  or  judge.  to  the   Prison  conditions.     Education.  Shiv  Kant  Shukla)  that  Article  21  is  the   sole  repository  of  life  and  liberty  and  during  the  emergency  when  liberty  is   suspended.     Maneka  Gandhi's  case  was  a  landmark  in  Indian  jurisprudence.  and  held  in  Bhanudas's  case  that  a  detainee  during  emergency   could  not  agitate  for  better  Jail  Conditions  and  facilities.  and  keeps  them  behind  bars.  training  and  working  in  prison  could  be  provided.  The  Supreme  Court  carried  the  ratio  of   the  habeas  Corpus  case  (ADM  Jabalpur  Vs.  Some  others  had  spent  more  time  in  jails  as  under-­‐trials  than  the   maximum  penalty  that  could  be  imposed  upon  them  if  they  were  convicted  of  the   offences  they  were  charged  with.  due  to  the  Presidential  proclamation  suspending  Article  21.  or  9  years  and  a  few  of   them  for  even  more  than  10  years  without  their  trial  being  begun.  the  Supreme   Court  had  commented  in  that  case  during  the  emergency  that  the  treatment  meted   out  to  the  detainees  was  almost  maternal.  A  series  of  news  items  appeared  in  "The  Indian  Express"  about  the  continued   incarceration  of  under-­‐trials  in  Bihar  Jails.  Some  of  them  were  never  produced   before  the  courts.  It  is  now  being  recognized  that  a  reformative  philosophy  and  a   rehabilitative  strategy  must  form  a  part  of  prison  justice.  In  fact.• • •     Prisoners  Rights:  Some  Landmark  Judgements       The  past  decade  has  witnessed  an  increasing  consciousness  about  the  desirability  of   prison  reforms.

  The  Court  also  held  that  in  the  absence  of  the  escorting  authority  re-­‐cording  why  the   prisoner  is  being  put  under  handcuffs.  lock  out  the  judicial  process  from  the  jail  gates  and  declare  a   long  holiday  for  human  rights  of  convicts  in  confinement?  And  if  there  is  no  total   eclipse  what  lucent  segment  is  open  for  judicial  justice?  Sunil  Batra.     The  Supreme  Court  again  in  a  separate  writ  petition  filed  by  Sunil  Batra  and  Charles   Sobharaj.  of   people  behind  bars  without  trial  so  long  cannot  possibly  be  regarded  as  reasonable.  In  the  case  of  Charles  Sobhraj.  safe  custody  does  not  mean   deprivations.  two  prisoners  in  Delhi's  Tihar  jail.  it  was  held  that  there  was   no  arbitrary  power  to  put  an  under  trial  under  bar-­‐fetters.  sentenced  to   death  had  challenged  his  incarceration  in  solitary  confinement  and  Charles  Sobhraj   had  challenged  his  confinement  with  bar-­‐fetters.  It  was  further  laid  down  that  no  "fetters"  shall  continue  be-­‐ yond  day  time  and  a  prolonged  continuance  of  bar-­‐fetters  shall  be  with  the  approval   of  the  Chief  Judicial  Magistrate  or  a  Sessions  Judge.  Delhi  Administration.  ipso  facto."  the  Supreme   Court  struck  down  the  provisions  of  the  Punjab  Police  rules  which  discriminated   between  the  rich  and  the  poor  prisoner  in  deter-­‐mining  who  was  to  be  handcuffed.  The  "safe  keeping"  in  jail  custody  is  the  limited  jurisdiction  of  the   jailer.  made  an  effort  to  humanize  jail   conditions.  the  procedure  of  handcuffing  is  a  violation  of   Article  21       .  The  question  before  the  Court  was:  "Does  a  prison  setting.  "To  desort  safe-­‐keeping  into  a  hidden  opportunity  to  care  the  ward  and  to   traumatize  him  is  to  betray  the  custodian  of  law.  The  grounds  for  imposing  fetters  would  be  given  to  each   victim  in  his  language.  banishment  from  the  lanter  barguet  of  prison  life  and   infliction's  of  travails  as  if  guardianship  were  best  fulfilled  by  making  the  ward   suffer  near  insanity.     The  Supreme  Court  held  that  there  is  no  total  deprivation  of  a  prisoner's  rights  of   life  and  liberty.  violation.  The  Supreme  Court   thereafter  directed  the  release  of  such  under-­‐trials  who  were  in  detention  for  a   unduly  long  period.   just  or  fair  so  as  to  be  in  conflict  with  the  requirement  of  the  Article."     The  court  held  that  Sunil  Batra's  mercy  petition  to  the  President/Governor  had  not   been  disposed  off  and  Batra  was  not  "under  sentence  of  death."  His  solitary   confinement  was  quashed.  There  can  be  little   doubt  after  the  dynamic  interpretations  placed  by  this  court  on  Article  21  in  Maneka   Gandhi  vs.   outlaw  the  rule  of  law.  Union  of  India  that  a  procedure  which  keeps  such  large  number."     It  was  with  these  observations  that  the  Supreme  Court  directed  the  Bihar   Government  and  the  Patna  High  Court  to  furnish  to  the  Supreme  Court  details  of   criminal  cases  pending  in  Bihar  and  their  year  wise  breakup.too  poor  to  afford  bail  and  the  courts  have  no  time  to  try  them.  The  discretion  to  impose   "irons"  is  a  quasi-­‐judicial  decision  and  a  previous  hearing  is  essential  before  putting   a  prisoners  in  fetters.     In  another  case  of  "Prem  Shankar  Shukla  Vs.

    The  habeas  corpus  writ  was  traditionally  used  for  securing  the  release  of  a  person   detained  illegally.     The  prisoners  now  have  an  important  forum  for  the  enforcement  of  their  rights."     The  Supreme  Court  has  given  a  new  dimension  to  the  writ  of  habeas  corpus  by  its   judgement  in  Sunil  Batra  'll'  vs.  Delhi  Admn.  The  meeting  with  family  members  was  restricted  to  one  a  month  and  the   lawyer  could  be  met  only  in  the  presence  of  an  officer  of  the  customs  department.     In  another  recent  landmark  judgment  in  the  case  of  "Francies  Corale  Mullin  vs.   under  conditions  of  judicial  supervision  we  have  indicated  earlier.  friends  and  lawyers  without  these  severe  restrictions.  Delhi  Administration.  the   official  concerned  shall  be  asked  to  explain  the  action  forthwith  in  the  light  of  this   judgment.  As   all  the  grievances  could  formerly  be  aired  only  through  the  prison-­‐hierarchy.  Thus  a  speedy  and   simple  remedy  is  available  to  prisoners  to  seek  redress  of  their  grievances  about  the   manner  of  their  detention.  non-­‐technicality   and  the  priority  which  is  given  to  its  hearing  by  courts.The  court  concluded  with  the  observation:  "We  clearly  declare  and  it  shall  be   obeyed  from  the  Inspector  General  of  Police  and  Inspector  General  of  Prisons  to  the   escort  constable  and  the  jail  warder-­‐that  the  rule  regarding  a  prisoner  in  transit   between  prison  house  and  court  house  is  freedom  from  handcuffs  and  the  exception.   The  Supreme  Court  ruled  that  the  right  to  life  and  liberty  included  his  right  to  live   with  human  dignity  and  therefore  a  detainee  would  be  entitled  to  have  interviews   with  family  members.  While  the  decision  of  the   Constitution  Bench  of  the  Supreme  Court  in  Sunil  Batra  I  vs.  the  later  decision  in  Sunil   Batra  II  has  radicalized  the  procedure  for  the  enforcement  of  the  rights  of  the   prisoners.  the  Supreme  Court  explained  the   ingredients  of  personal  liberty  under  Article  21.  the   Administrator.  It  is  a  favored  remedy  because  of  its  simplicity.  very   few  prisoners  voiced  any  complaints  for  fear  of  retaliation.  Sunil  Batra  II  lays  down  the   important  principle  of  law  that  a  writ  of  habeas  corpus  is  available  not  only  to   secure  the  release  of  a  prisoner  illegally  detained  but  also  to  regulate  the  conditions   and  manner  of  detention  of  a  person  whose  detention  is  lawful.  Union  Territory  of  Delhi  &  others".  and  if  he  has  been.  whether  he  has   been  subjected  to  handcuffs  or  other  'irons'  treatment.  We  mandate  the  judicial  officer  before   whom  the  prisoner  is  produced  to  interrogate  the  prisoner  as  a  rule.  The  case  arose  out  of  the  rights  of  a   detainee  under  COFEPOSA  to  have  an  interview  with  his  family  members  and   lawyers.  had   crystalized  the  legally  enforceable  rights  of  a  prisoner.  will  be  restraints   with  irons  to  be  justified  before  or  after.     Information  from  the  UN  regarding  prison  systems:       .  The  very  existence  of  the   remedy  of  a  writ  of  habeas  corpus  would  be  a  deterrent  to  jail  authorities  and  could   prevent  arbitrary  and  capricious  action.

 training  of  prison   managers.  Costa  described  conditions  in  Haiti.  including  in  Afghanistan.  2.   "Overcrowding  turns  prisons  into  breeding  grounds  for  the  spread  of  HIV  and  drug   abuse."     The  United  Nations  Standard  Minimum  Rules  for  the  Treatment  of  Prisoners  were   adopted  over  50  years  ago.23  April  2009  -­‐  Faced  with  exploding  prison  populations.  Worldwide.  UNODC  Executive  Director   Antonio  Costa  voiced  the  need  for  more  humane  prison  systems  worldwide.  and  improvement  of  the  conditions  for  vulnerable  groups.  and  is  increasingly  engaged  in   post-­‐conflict  and  vulnerable  countries.  Penal  reform  and  the  alleviation  of  prison   overcrowding  are  badly  needed.  there  are  1  million  children  (persons   under  18)  behind  bars".     Addressing  a  special  thematic  debate  on  the  subject  at  the  eighteenth  session  of  the   Commission  on  Crime  Prevention  and  Criminal  Justice.  as   "reminiscent  of  slave  ships".     The  programme  focuses  on  five  key  areas:  data  management.  penal  reform  and  support  to  victims.  The  number  of  prisoners  worldwide   suffering  from  mental  illness  was  also  disproportionately  high.  especially  in  developing  countries.  he  said.  the  resulting  overcrowding  in  prisons  constituted  a  violation  of  human   rights.  which  has  a  budget  of  $19  million.  some  criminal  justice   systems  are  struggling  to  cope.  and  into  universities  for  crime.  He  underlined  that  the  solution  to  the  crisis  of  prison   overcrowding  required  political  will.   public  health  and  security  challenges.25  million  of  whom  had  not  been  tried.  "Prisons  are  all  too   often  a  dumping  ground  for  the  mentally  ill".     UNODC  is  helping  States  build  the  rule  of  law  through  fair  and  effective  criminal   justice  systems.     Mr.   manuals  and  training  modules  based  on  United  Nations  standards  and  norms  for   criminal  justice  officials.  with   potentially  explosive  results  for  health  and  safety.  Costa.  is   underway  in  a  number  of  countries  and  territories.  This  is  bad  for  the  prisoners  and  even  worse   for  society  when  these  people  get  out  -­‐  turning  them  into  ticking  time  bombs.  Prison  overcrowding  poses  major  humanitarian.  Since  many  States  have  not  been  adhering  to  these   standards.     States  called  for  a  change  from  a  punitive  response  to  crime  to  a  more  rehabilitative   approach  and  supported  the  increased  use  of  non-­‐custodial  sanctions  and  measures.  Guinea   .     The  prison  reform  programme  of  UNODC.  UNODC  has  also  prepared  assessment  tools.     States  were  too  often  resorting  to  pretrial  detention:  over  9  million  people  were  in   some  form  of  detention.   children  or  HIV-­‐positive  people.  improvement  of  prisoners'  health  and  welfare.    "My  guess  is  that   this  is  a  conservative  estimate.  where  the  overcrowding  ratio  was  10:1.  reduction  of   overcrowding.  he  said.  The  Office  has  developed  projects  in  the  areas  of   juvenile  justice.  said  Mr.  with  particular  emphasis  on  vulnerable  groups  such  as  women.

 the  figure  hovers  between  50%  and  60%.  and  the  U.  "In  the  Norwegian  prison  system.  It's  a  gala  to  inaugurate  Halden  Fengsel.   Unlike  many  American  prisons."  Hoidal  says.  opened  on   April  8.   Within  two  years  of  their  release.  galvanized  steel  and  larch.  Designers  chose  long  vertical  windows  for  the  rooms  because  they  let   .  each  wearing  a  blue  police  uniform.Bissau.  enters  the  room.  "so  it  isn't  too  hostile.3  million  in  the  U.  but  even  an  imperfect  comparison  suggests  the  Norwegian  model  works.  Then  a  chorus  of  30  men  and  women.  Norway's  second  largest  prison.  noting  that  Halden  houses  drug  dealers.000   —  the  highest  rate  in  the  world."  Countries  track  recidivism  rates   differently.  Harald  V.000  people.  "When  they  arrive.  jogging  trails  and  a  freestanding   two-­‐bedroom  house  where  inmates  can  host  their  families  during  overnight  visits.  Halden  is   spread  over  75  acres  (30  hectares)  of  gently  sloping  forest  in  southeastern  Norway.  as  well   as  the  Occupied  Palestinian  Territory.   Instead.  It  embodies  the  guiding  principles  of  the  country's  penal  system:  that   repressive  prisons  do  not  work  and  that  treating  prisoners  humanely  boosts  their   chances  of  reintegrating  into  society.  "We  want  to  build  them  up.   launches  into  a  spirited  rendition  of  "We  Are  the  World.5  billion  Norwegian  kroner  ($252  million)  in  the  making.  the  scent  of  orange  sorbet  emanates  from  the  "kitchen  laboratory"  where   inmates  take  cooking  courses."  This  isn't  cabaret  night  at   Oslo's  Royal  Palace."       Halden.  there's  a  focus  on   human  rights  and  respect."  says  Are  Hoidal.   The  facility  boasts  amenities  like  a  sound  studio.  "We  don't  see   any  of  this  as  unusual.  Liberia.  Norway's  newest   prison.  many  of  them  are  in  bad   shape.  Iran  (Islamic  Republic  of).  In   the  U.  To  avoid  an  institutional  feel.  murderers  and  rapists.     Norway  Builds  the  World's  Most  Humane  Prison-­‐  An  article     By  the  time  the  trumpets  sound.S.  (6  m)  concrete  security  wall  along   the  prison's  perimeter  —  trees  obscure  it.  give  them  confidence  through  education   and  work  and  have  them  leave  as  better  people.  compared  with  2.  with  their  flat-­‐screen  TVs  and   minifridges.  the   buildings  seem  to  have  grown  organically  from  the  woodlands..   among  others.  Its  prison  roll  lists  a  mere  3.  and  its  top  has  been  rounded  off.     Ten  years  and  1..  20%  of  Norway's  prisoners  end  up  back  in  jail.  Of  course.  the  prison's  governor.  Lebanon.       Design  plays  a  key  role  in  Halden's  rehabilitation  efforts.  one  of  the  prison's  architects."     The  cells  rival  well-­‐appointed  college  dorm  rooms.  "The  most  important  thing   is  that  the  prison  looks  as  much  like  the  outside  world  as  possible.K.  the  air  isn't  tinged  with  the  smell  of  sweat  and  urine.   or  69  per  100.S."  says  Hans   Henrik  Hoilund.  King  of  Norway.   exteriors  are  not  concrete  but  made  of  bricks.  And  while  there  is   one  obvious  symbol  of  incarceration  —  a  20-­‐ft.  with  a  capacity  of  252  inmates.  the  candles  have  been  lit  and  the  salmon  platters   garnished.300.  Hoilund   says.  a  low  level   of  criminality  gives  Norway  a  massive  advantage.  and  200  guests  stand  to  greet   him.  or  753  per  100.  Nigeria  and  the  Sudan.

 though.  a  music  teacher  in  the   prison  and  a  member  of  Halden's  security-­‐guard .     There's  plenty  of  enthusiasm  for  transforming  Every  10  to  12  cells  share  a  living  room  and­‐vG0Yic  (Should  prisoners  have  the   right  to  vote?)     Recommended  reads:     • Prisons  And  Prison  Systems:  A  Global  Encyclopedia   • Constitutional  Rights  of  Prisoners:  A  Study  of  Judicial  Trends       Sources:  "None  of  us  were  forced  to   work  here."  says  architect  Per  Hojgaard   "Many  of  the  prisoners  come  from  bad  more  "Our  goal  is  to  give  all  the   prisoners  —  we  call  them  our  pupils  —  a  meaningful  life  inside  these  walls."  says  Charlott-­‐Renee  Sandvik"  It's   warmth  like  that.  There  are  no  bars.     Halden's  greatest  asset.stm  (A  BBC   Special  Report  on  prisons  and  prison  systems  in  the  UK)   • http://www.wikipedia.  Half  the  guards  are  women  —  Hoidal   believes  this  decreases  aggression  —  and  prisoners  receive  questionnaires  asking   how  their  experience  in  prison  can  be  improved.  may  be  the  strong  relationship  between  staff  and   inmates.  wraparound  sofas  and  birch-­‐colored   coffee  tables.     Must  visit:     • http://news.procon.  Prison  guards  don't  carry  guns  —  that  creates  unnecessary  intimidation   and  social  distance  —  and  they  routinely  eat  meals  and  play  sports  with  the  inmates.  With  their  stainless-­‐steel  countertops.  We  chose  to.  they  resemble  Ikea http://en.  not  the  expensive  television  (Comparing  US  and   Norway’s  prison  rights)   • http://www.  so  we  wanted  to  create  a  sense  of   family.  that  will  likely  have  the  most   lasting  (Palestinians  Behind  Bars:   Prisoners  Without  Human  Rights)     • http://www. http://en. please direct them to     http://www.abortionrights. .org/wiki/Abortion_debate on/goingtoprison/dg_181679     http://www. The deputy chairs Vishal Tummala and Anshul Tibrewal may also be contacted for further assistance at the following email ids: 80@doonschool. Doon School Model United Nations-2012.unodc.htm     http://www.00. However.html     I hope this document aids you in your and it is only a kick start and one must go beyond the document to know better about one’s country’s stand on the­‐archives/81nov/prisoner-­‐rights. If you have any Ujjwal Dahuja Chair of the Human Rights­‐more-­‐humane-­‐prison-­‐ systems.

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