CA 3 THERAPEUTIC MODALITIES
HUMAN RIGHTS
- Human rights are the basic rights inherent to all human beings from birth until death. These rights include the
right to life and liberty, personal security, freedom from torture, freedom from discrimination and freedom from
arbitrary arrest, among others.
- Those rights, which are inherent in our nature and without which, we cannot live as human beings.
- It allows us to develop and use our human qualities, intelligence, talents and conscience and to satisfy our
spiritual and other needs, Supreme, inherent and inalienable rights to life, dignity, and self-development. The
essence of these rights makes man human.
Universal Declaration of Human Rights
Article 1: We are all born free. We all have our own thoughts and ideas and we should all be treated the same
way.
Article 2: The rights in the UDHR belong to everyone, no matter who we are, where we’re from, or whatever we
believe.
Article 3: We all have the right to life, and to live in freedom and safety.
Article 4: No one should be held as a slave, and no one has the right to treat anyone else as their slave.
Article 5: No one has the right to inflict torture, or to subject anyone else to cruel or inhuman treatment.
Article 6: We should all have the same level of legal protection whoever we are, and wherever in the world we
are.
Article 7: The law is the same for everyone, and must treat us all equally.
Article 8: We should all have the right to legal support if we are treated unfairly.
Article 9: Nobody should be arrested, put in prison, or sent away from our country unless there is good reason to
do so.
Article 10: Everyone accused of a crime has the right to a fair and public trial, and those that try us should be
independent and not influenced by others.
Article 11: Everyone accused of a crime has the right to be considered innocent until they have fairly been
proven to be guilty.
Article 12: Nobody has the right to enter our home, open our mail, or intrude on our families without good
reason. We also have the right to be protected if someone tries to unfairly damage our reputation.
Article 13: We all have the right to move freely within our country, and to visit and leave other countries when
we wish.
Article 14: If we are at risk of harm we have the right to go to another country to seek protection.
Article 15: We all have the right to be a citizen of a country and nobody should prevent us, without good reason,
from being a citizen of another country if we wish.
Article 16: We should have the right to marry and have a family as soon as we’re legally old enough. Our
ethnicity, nationality and religion should not stop us from being able to do this. Men and women have the same
rights when they are married and also when they’re separated. We should never be forced to marry. The
government has a responsibility to protect us and our family.
Article 17: Everyone has the right to own property, and no one has the right to take this away from us without a
fair reason.
Article 18: Everyone has the freedom to think or believe what they want, including the right to religious belief.
We have the right to change our beliefs or religion at any time, and the right to publicly or privately practise our
chosen religion, alone or with others.
Article 19: Everyone has the right to their own opinions, and to be able to express them freely. We should have
the right to share our ideas with who we want, and in whichever way we choose.
Article 20: We should all have the right to form groups and organise peaceful meetings. Nobody should be
forced to belong to a group if they don’t want to.
Article 21: We all have the right to take part in our country’s political affairs either by freely choosing politicians
to represent us, or by belonging to the government ourselves. Governments should be voted for by the public on
a regular basis, and every person’s individual vote should be secret. Every individual vote should be worth the
same.
Article 22: The society we live in should help every person develop to their best ability through access to work,
involvement in cultural activity, and the right to social welfare. Every person in society should have the freedom
to develop their personality with the support of the resources available in that country.
Article 23: We all have the right to employment, to be free to choose our work, and to be paid a fair salary that
allows us to live and support our family. Everyone who does the same work should have the right to equal pay,
without discrimination. We have the right to come together and form trade union groups to defend our interests
as workers.
Article 24: Everyone has the right to rest and leisure time. There should be limits on working hours, and people
should be able to take holidays with pay.
Article 25: We all have the right to enough food, clothing, housing and healthcare for ourselves and our families.
We should have access to support if we are out of work, ill, elderly, disabled, widowed, or can’t earn a living for
reasons outside of our control. An expectant mother and her baby should both receive extra care and support.
All children should have the same rights when they are born.
Article 26: Everyone has the right to education. Primary schooling should be free. We should all be able to 4. Imprescriptible-cannot be lost even if man fails to use or assert them, even by a long
continue our studies as far as we wish. At school we should be helped to develop our talents, and be taught an
understanding and respect for everyone’s human rights. We should also be taught to get on with others passage of time.
whatever their ethnicity, religion, or country they come from. Our parents have the right to choose what kind of 5. Indivisible- Not capable of being divided. Cannot be denied even when other rights
school we go to.
have already been enjoyed.
Article 27: We all have the right to get involved in our community’s arts, music, literature and sciences, and the
benefits they bring. If we are an artist, a musician, a writer or a scientist, our works should be protected and we 6. Universal- It applies irrespective of one’s origin, status, or condition, or place were
should be able to benefit from them.
one lives. Rights can be enforced without a national border.
Article 28: We all have the right to live in a peaceful and orderly society so that these rights and freedoms can be
protected, and these rights can be enjoyed in all other countries around the world. 7. Interdependent-The fulfillment or exercise of one cannot be had without the

Article 29: We have duties to the community we live in that should allow us to develop as fully as possible. The
law should guarantee human rights and should allow everyone to enjoy the same mutual respect.
Article 30: No government, group or individual should act in a way that would destroy the rights and freedoms of
the Universal Declaration of Human Rights.
10 BASIC HUMAN RIGHTS
realization of the other.
HUMAN RIGHTS PRINCIPLE
The dignity of man and human life is inviolable. From the dignity of man is derived the right of every person to
free development of his personality. A legitimate state should exist to assure that in the discharge of the
governmental functions, the dignity that is the birthright of every human being is duly safeguarded.

1. The right to life CLASSIFICATION OF HUMAN RIGHTS

2. The right to freedom from torture and inhumane treatment 1. Natural Rights- God-given rights, acknowledged by everybody to be morally good. Unwritten, but prevail as
norms of the society.
3. The right to equal treatment before the law
2. Constitutional Rights- Conferred and protected by the constitution and which cannot be modified or taken
4. The right to privacy away by the law-making body.

5. The right to asylum 3. Statutory Rights- Those rights which are provided by a law promulgated by the law-making body. May be
abolished by the body that created them.
6. The right to marry and have family
THREE STAGES OF HUMAN RIGHTS
7. The right to freedom of thought, religion, opinion, and expression
1)Idealization - the notions of human rights start in the realm of ideas that reflect a consciousness against
8. The right to work oppression or inadequate performance of the State.
9. The right to education 2) Positivization – it is where the support for the ideas becomes strong, and thus incorporate them into legal
10. The right to social services instruments.

Basic Characteristics of Human Rights: 3)Realization - When these rights are already being enjoyed by the citizens by the transformation of the social,
economic, and political order.
1. Inherent- Not granted by any person or authority.
SOURCES AND FOUNDATION OF HUMAN RIGHTS
2. Fundamental- without them, the life and dignity of man will be meaningless.
 The 1987 Constitution - The Constitution itself is a source not only the Bill of Rights. The 1987
3. Inalienable- cannot be rightfully taken away from a free individual. Cannot be given Constitution is the basic source of human law in the Philippines.

away or be forfeited.  As early as Biak na Bato, our forefathers are conscious of the rights of human beings.
  A novel feature of the 1987 Constitution is the independent constitutional office of the Commission of
Human rights, the first national human rights commission in the world
 The CHR is not a regular commission, not like the CoA or the civil service, etc. It is an independent
commission that investigates human rights violations and establishes programs of education and
information to enhance respect for the primacy of human rights.
 This Constitution is sometimes called as "Human Rights Constitution".
 The 1987 Constitution is the seventh Constitution drafted by Filipinos.
International Bill of Rights –U Thant, former Secretary General of the UN called the three (3) documents and the
Optional Protocol to the Covenant on Civil and Political Rights as "Magna Carta for mankind" and is "the
essential prerequisite for peace at home and 1 in the world".
Universal Declaration of Human Rights (UDHR)
 The Commission on Human Rights of the United Nations drafted the UDHR, while the United Nations
passed it. The chairwoman was former first lady Eleanor Roosevelt. The declaration was adopted by
48 votes in favor, none against and eight abstentions.
 Carlos Romulo was also there during the drafting of the CHR of the UN.
 The preamble to the UDHR refers to the concepts of inherent human dignity and one inalienable
nature of human inherent. It is also called for inter-cultural consensus by indicating that a common
understanding of the rights and freedoms to is achieve promotion of universal respect for and
observance of human rights and fundamental freedoms.
 The UDHR is the first internationally adopted catalogue of human rights.
 Mary Robinson, former High Commissioner for Human Rights, said that the common language of
humanity, the language of human rights, is enshrined in the UDHR.
International Covenant on Civil and Political Rights (ICCPR)
 Adopted unanimously by 106 States and entered into force1976.
RIGHTS OF A PERSON UNDER CUSTODIAL INVESTIGATION
Custodial Rights of a Person
Section 12, Article Ill of the 1987 Constitution
Sec. 12: (1) Any person under investigation for the commission of an offense shall have the right to be informed
of his right to remain silent and to have competent and independent counsel preferably of his own choice. If the
person cannot afford the services of counsel, he must be provided with one. These rights cannot be waived
except in writing and in the presence of counsel.
(2) No torture, force, violence, threat, intimidation, or any other means which vitiate the free will shall be used
against him. Secret detention places, solitary, incommunicado or other similar forms of detention are prohibited.
(3) Any confession or admission obtained in violation of this or Section 17 hereof shall be inadmissible in
evidence.
(4) The law shall provide for penal and civil sanctions for violations of this section as well as compensation to
and rehabilitation of victims of torture or similar practices, and their families.
Custodial Investigation
- It is any questioning by law enforcement after a person has been taken into custody or otherwise deprived of
his freedom of action in any significant way. It refers to the investigation conducted by law enforcement
immediately after arrest for the commission of an offense. It begins when a person has been arrested and
brought to the custody of law enforcers in which suspicion is focused on him in particular and questions are
asked from him (the suspect) to elicit admissions or information on the commission of an offense.
MIRANDA DOCTRINE/MIRANDA RIGHTS
The Miranda Doctrine means that prior to questioning during custodial investigation, the person must be
warned that he has the right to remain silent, that any statement he gives maybe used as evidence against him,
and that he has the right to the presence of an attorney, either retained or appointed.
The name comes from the U.S. case, Miranda vs. Arizona, 6 L. Ed 2d 694, in which the US Supreme Court laid
down the principle of custodial rights of an accused.
(Ernesto Miranda – American criminal and laborer whose conviction on kidnapping, rape, and armed robbery
charges based on his confession under police interrogation was set aside in the landmark U.S. Supreme Court
case Miranda v. Arizona, which ruled that criminal suspects must be informed of their right against self-
incrimination and their right to consult with an attorney before being questioned by police.)
RIGHTS OF A PERSON DURING CUSTODIAL INVESTIGATION
The right to be informed of his rights
- i.e., the reading of the Miranda Doctrine or custodial rights by police during his
arrest. This carries the correlative obligation on the part of the investigator to
explain and contemplates effective communication which results in the subject
understanding what is conveyed.
The right to remain silent and to be reminded that anything he says can and will be used against him
- This refers not only to verbal confessions but also to acts. However. Mechanical
acts that does not require the use of intelligence (such as providing DNA samples)
or to answers to general questions are not protected under this right.
The right to an attorney or to counsel, preferably of his own choice; if not, one will be provided for him
- This right is absolute and applies even if the accused himself is a lawyer. The right is more particularly the
right to independent and competent. An independent counsel is one not hampered with any
conflicts of interest, and a competent counsel is one who is vigilant in protecting the rights of an accused.
Right against torture, force, violence, threat, intimidation or any other means which
vitiate the free will of the person
Right against secret detention places, solitary, incommunicado, or other similar forms of detention
- Any confession or admission obtained from the person arrested in violation of these rights are inadmissible in
evidence and cannot be used against said person. This is called the
Exclusionary Rule, i.e., it is excluded from the evidence to be considered by the court during trial. Such
confession or admission is tainted and must be suppressed under the "Fruit of the Poisonous Tree" Doctrine.
Republic Act No. 7438
AN ACT DEFINING CERTAIN RIGHTS OF PERSON ARRESTED, DETAINED OR UNDER CUSTODIAL INVESTIGATION
AS WELL AS THE DUTIES OF THE ARRESTING, DETAINING AND INVESTIGATING OFFICERS, AND PROVIDING
PENALTIES FOR VIOLATIONS THEREOF
Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:
Section 1. Statement of Policy. – It is the policy of the Senate to value the dignity of every human being and guarantee full
respect for human rights.
Section 2. Rights of Persons Arrested, Detained or Under Custodial Investigation; Duties of Public Officers. –
(a) Any person arrested detained or under custodial investigation shall at all times be assisted by counsel.
(b) Any public officer or employee, or anyone acting under his order or his place, who arrests, detains or investigates any
person for the commission of an offense shall inform the latter, in a language known to and understood by him, of his rights to
remain silent and to have competent and independent counsel, preferably of his own choice, who shall at all times be allowed
to confer privately with the person arrested, detained or under custodial investigation. If such person cannot afford the
services of his own counsel, he must be provided with a competent and independent counsel by the investigating officer.
(c) The custodial investigation report shall be reduced to writing by the investigating officer, provided that before such report is
signed, or thumb marked if the person arrested or detained does not know how to read and write, it shall be read and
adequately explained to him by his counsel or by the assisting counsel provided by the investigating officer in the language or
dialect known to such arrested or detained person, otherwise, such investigation report shall be null and void and of no effect
whatsoever.
CONFESSION – refers to a statement in which a person acknowledges that he is guilty of committing one or more crime.
ADMISSION – a statement made by a party to a lawsuit or a criminal defendant, usually prior to trial, that a certain fact is true.
An admission is not to be confused with confession of blame or guilt, but admits only some facts.
JUDICIAL CONFESSION – it refers to any confession made in a legal proceeding. Such confession is, without doubt, sufficient of
themselves, unaided by any corroboratory or confirmatory evidence of the corpus delicti, to sustain conviction.
EXTRA-JUDICIAL CONFESSION – this are confession made in proceedings outside the court. It shall not be sufficient ground for
conviction unless corroborated by evidence or corpus delicti.
(d) Any extrajudicial confession made by a person arrested, detained or under custodial investigation shall be in writing and
signed by such person in the presence of his counsel or in the latter's absence, upon a valid waiver, and in the presence of any
of the parents, elder brothers and sisters, his spouse, the municipal mayor, the municipal judge, district school supervisor, or
priest or minister of the gospel as chosen by him; otherwise, such extrajudicial confession shall be inadmissible as evidence in
any proceeding.
(e) Any waiver by a person arrested or detained under the provisions of Article 125 of the Revised Penal Code, or under
custodial investigation, shall be in writing and signed by such person in the presence of his counsel; otherwise, the waiver shall
be null and void and of no effect.
(f) Any person arrested or detained or under custodial investigation shall be allowed visits by or conferences with any member
of his immediate family, or any medical doctor or priest or religious minister chosen by him or by any member of his immediate
family or by his counsel, or by any national non-governmental organization duly accredited by the Commission on Human
Rights of by any international non-governmental organization duly accredited by the Office of the President. The person's
"immediate family" shall include his or her spouse, fiancé or fiancée, parent or child, brother or sister, grandparent or
grandchild, uncle or aunt, nephew or niece, and guardian or ward.
As used in this Act, "custodial investigation" shall include the practice of issuing an "invitation" to a person who is investigated
in connection with an offense he is suspected to have committed, without prejudice to the liability of the "inviting" officer for
any violation of law.
Section 3. Assisting Counsel. – Assisting counsel is any lawyer, except those directly affected by the case, those charged with
conducting preliminary investigation or those charged with the prosecution of crimes.
The assisting counsel other than the government lawyers shall be entitled to the following fees;
(a) The amount of One hundred fifty pesos (P150.00) if the suspected person is chargeable with light felonies;
(b) The amount of Two hundred fifty pesos (P250.00) if the suspected person is chargeable with less grave or grave felonies;
(c) The amount of Three hundred fifty pesos (P350.00) if the suspected person is chargeable with a capital offense.
The fee for the assisting counsel shall be paid by the city or municipality where the custodial investigation is conducted,
provided that if the municipality of city cannot pay such fee, the province comprising such municipality or city shall pay the fee:
Provided, That the Municipal or City Treasurer must certify that no funds are available to pay the fees of assisting counsel
before the province pays said fees.
In the absence of any lawyer, no custodial investigation shall be conducted and the suspected person can only be detained by
the investigating officer in accordance with the provisions of Article 125 of the Revised Penal Code.
Section 4. Penalty Clause. – (a) Any arresting public officer or employee, or any investigating officer, who fails to inform any
person arrested, detained or under custodial investigation of his right to remain silent and to have competent and independent
counsel preferably of his own choice, shall suffer a fine of Six thousand pesos (P6,000.00) or a penalty of imprisonment of not
less than eight (8) years but not more than ten (10) years, or both. The penalty of perpetual absolute disqualification shall also
be imposed upon the investigating officer who has been previously convicted of a similar offense.
The same penalties shall be imposed upon a public officer or employee, or anyone acting upon orders of such investigating
officer or in his place, who fails to provide a competent and independent counsel to a person arrested, detained or under
custodial investigation for the commission of an offense if the latter cannot afford the services of his own counsel.
(b) Any person who obstructs, prevents or prohibits any lawyer, any member of the immediate family of a person arrested,
detained or under custodial investigation, or any medical doctor or priest or religious minister chosen by him or by any
member of his immediate family or by his counsel, from visiting and conferring privately with him, or from examining and
treating him, or from ministering to his spiritual needs, at any hour of the day or, in urgent cases, of the night shall suffer the
penalty of imprisonment of not less than four (4) years nor more than six (6) years, and a fine of four thousand pesos
(P4,000.00).
The provisions of the above Section notwithstanding, any security officer with custodial responsibility over any detainee or
prisoner may undertake such reasonable measures as may be necessary to secure his safety and prevent his escape.
Section 5. Repealing Clause. – Republic Act No. No. 857, as amended, is hereby repealed. Other laws, presidential decrees,
executive orders or rules and regulations, or parts thereof inconsistent with the provisions of this Act are repealed or modified
accordingly.
Section 6. Effectivity. – This Act shall take effect fifteen (15) days following its publication in the Official Gazette or in any daily
newspapers of general circulation in the Philippines.
Approved: April 27, 1992.
THE UNITED NATIONS STANDARD MINIMUM RULES FOR THE TREATMENT OF PRISONERS
(THE NELSON MANDELA RULES)
RULES OF GENERAL APPLICATION
Rule 1
All prisoners shall be treated with the respect due to their inherent dignity and value as human beings. No
prisoner shall be subjected to, and all prisoners shall be protected from, torture and cruel, inhuman or degrading
treatment or punishment, for which no circumstances whatsoever may be invoked as a justification. The safety
and security of prisoners, staff, service providers and visitors shall be ensured at all times.
Rule 2
1. The present rules shall be applied impartially. There shall be no discrimination on the grounds of race, color,
sex, language, religion, political or other opinion, national or social origin, property, birth or any other status.
The religious beliefs and moral precepts of prisoners shall be respected.
2. In order for the principle of non-discrimination to be put into practice, prison administrations shall take
account of the individual needs of prisoners, in particular the most vulnerable categories in prison settings.
Measures to protect and promote the rights of prisoners with special needs are required and shall not be
regarded as discriminatory.
Rule 3
Imprisonment and other measures that result in cutting off persons from the outside world are afflictive by
the very fact of taking from these persons the right of self- determination by depriving them of their
liberty.
Rule 4
1. The purposes of a sentence of imprisonment or similar measures deprivative of a person's liberty are primarily
to protect society against crime and to reduce recidivism. Those purposes can be achieved only if the period of
imprisonment is used to ensure, so far as possible, the reintegration of such persons into society upon release so
that they can lead a law-abiding and self-supporting life.
2. To this end, prison administrations and other competent authorities should offer education, vocational
training and work, as well as other forms of assistance that are appropriate and available, including those of a
remedial, moral, spiritual, social and health-and-sports-based nature. All such programmes, activities and
services should be delivered in line with the individual treatment needs of prisoners.
Rule 5
1. The prison regime should seek to minimize any differences between prison life and life at liberty that tend to
lessen the responsibility of the prisoners or the respect due to their dignity as human beings.
2. Prison Administrations shall make all reasonable accommodation and adjustments to ensure that prisoners
with physical, mental or other disabilities have full and effective access to prison life on an equitable basis.
PRISONER FILE MANAGEMENT
Rule 6. There shall be a standardized prisoner file management system in every place where persons are
imprisoned. Such a system may be an electronic database of records or a registration book with
numbered and signed pages. Procedures shall be in place to ensure a secure audit trail and to prevent
unauthorized access to or modification of any information contained in the system.
Rule 7. No person shall be received in a prison without a valid commitment order.
Rule 8. Prisoner's personal information shall be entered in the prisoner file management system in the course
of imprisonment.
Rule 9. All records referred to in rules 7 and 8 shall be kept confidential and made available only to those
whose professional responsibilities require access to such records. Every 10prisoner shall be granted
access to the records pertaining to him or her, subject to redactions authorized under domestic legislation, and
shall be entitled to receive an official copy of such records upon his or her release.
Rule 10. Prisoner file management systems shall also be used to generate reliable data about trends relating to
and characteristics of the prison population, including occupancy rates, in order to create a basis for evidence-
based decision-making.
SEPARATION OF CATEGORIES
Rule 11. The different categories of prisoners shall be kept in separate institutions or parts of institutions, taking
account of their sex, age, criminal record, the legal reason for their detention and the necessities of
their treatment; thus:
(a) Men and women shall so far as possible be detained in separate institutions: in an institution which receives
both men and women, the whole of the premises allocated to women shall be entirely separate;
(b) Untried prisoners shall be kept separate from convicted prisoners;
(c) Persons imprisoned for debt and other civil prisoners shall be kept separate from persons imprisoned by
reason of a criminal offense;
(d) Young prisoners shall be kept separate from adults.
ACCOMODATION
Rule 12
1. Where sleeping accommodation is in individual cells or rooms, each prisoner shall occupy by night a cell or
room by himself or herself. If for special reasons, such as temporary overcrowding, it becomes necessary for
the central prison administration to make an exception to this rule, it is not desirable to have two
prisoners in a cell or room.
2. Where dormitories are used, they shall be occupied by prisoners carefully selected as being suitable to
associate with one another in those conditions. There shall be regular supervision by night, in keeping with the
nature of the prison.
Rule 13. All accommodation provided for the use of prisoners and in particular all sleeping accommodation shall
meet all requirements of health, due regard being paid to climatic conditions and particularly to cubic
content of air, minimum floor space, lighting, heating and ventilation.
Rule 14.
In all places where prisoners are required to live or work:
(a) The windows shall be large enough to enable the prisoners to read or work by natural light and shall be so
constructed that they can allow the entrance of fresh air whether or not there is artificial ventilation;
(b) Artificial light shall be provided sufficient for the prisoners to read or work without injury to eyesight.
Rule 15. The sanitary installations shall be adequate to enable every prisoner to comply with the needs of nature
when necessary and in a clean and decent manner.
Rule 16. Adequate bathing and shower installations shall be provided so that every prisoner can, and may be
required to, have a bath or shower, at a temperature suitable to the climate, as frequently as necessary for
general hygiene according to season and geographical region, butat least once a week in a temperate climate.
Rule 17. All parts of a prison regularly used by prisoners shall be properly maintained and kept scrupulously clean
at all times.
PERSONAL HYGIENE
Rule 18.
1. Prisoners shall be required to keep their persons clean, and to this end they shall be provided with water and
with such toilet articles as are necessary for health and cleanliness.
2. In order that prisoners may maintain a good appearance compatible with their self-respect, facilities shall be
provided for the proper care of the hair and beard, and men shall be able to shave regularly.
CLOTHING AND BEDDING
Rule 19
1. Every prisoner who is not allowed to wear his or her own clothing shall be provided with an outfit of clothing
suitable for the climate and adequate to keep him or her in good health. Such clothing shall in no manner be
degrading or humiliating.
2. All clothing shall be clean and kept in proper condition. Underclothing shall be changed and washed as often
as necessary for the maintenance of hygiene.
3. In exceptional circumstances, whenever a prisoner is removed outside the prison for an unauthorized
purpose, he or she shall be allowed to wear his or her own clothing or other inconspicuous clothing.
Rule 20. If prisoners are allowed to wear their own clothing, arrangements shall be made on their admission to
the prison to ensure that it shall be clean and fit for use.
Rule 21. Every prisoner shall, in accordance with local or national standards, be provided with a separate bed
and with separate and sufficient bedding which shall be clean when issued, kept in good order and changed
often enough to ensure its cleanliness.
FOOD
Rule 22
1. Every prisoner shall be provided by the prison administration at the usual hours with food of nutritional value
adequate for heath and strength, of wholesome quality well prepared and served.
2. Drinking water shall be available to every prisoner whenever he or she needs it or during their exercise and
Sports.
Rule 23
1. Every prisoner who is not employed in outdoor work shall have at least one-hour of suitable exercise in the
open air daily if the weather permits.
2. Young prisoners and others of suitable age and physique, shall receive physical and recreational training
during the period of exercise. To this end, space, installations and equipment should be provided.
HEALTH-CARE SERVICES
Rule 24. The provision of health care for prisoners is a state responsibility. Prisoners should enjoy the same
standards of health care that are available in the community, and should have access to necessary health-care
services free of charge without discrimination on the grounds of their legal status.
PUNISHMENTS AND TREATMENTS
PUNISHMENT
Is the infliction of some kind of pain or loss upon a person for a misdeed (i.e., the transgression of a law or
command). Punishment may take forms ranging from capital punishment, flogging, forced labor, and
mutilation of the body to imprisonment and fines. Deferred punishments consist of penalties that are imposed
only if an offense is repeated within a specified time.
In some premodern societies, punishment was largely vindictive or retributive, and its prosecution was left to the
individuals wronged (or to their families). In quantity and quality such punishment bore no special relation to the
character or gravity of the offense.
THE PURPOSE OF PUNISHMENT
Punishment has five recognized purposes:
1. Deterrence
2. Incapacitation
3. Rehabilitation
4. Retribution
5. Restitution
Specific and General Deterrence
Deterrence prevents future crime by frightening the defendant or the public. The two types of deterrence are
specific and general deterrence. Specific deterrence applies to an individual defendant. When the government
punishes an individual defendant, he or she is theoretically less likely to commit another crime because of fear of
another similar or worse punishment. General deterrence applies to the public at large. When the public learns
of an individual defendant's punishment, the public is theoretically less likely to commit a crime because of fear
of the punishment the defendant experienced. When the public learns, for example, that an individual defendant
was severely punished by a sentence of life in prison or the death penalty, this knowledge can inspire a deep fear
of criminal prosecution
Incapacitation
Incapacitation prevents future crime by removing the defendant from society. Examples of
incapacitation are incarceration, house arrest, or execution pursuant to the death penalty.
Rehabilitation
Rehabilitation prevents future crime by altering a defendant's behavior. Examples of rehabilitation include
educational and vocational programs, treatment center placement and counseling. The court can combine
rehabilitation with incarceration or with probation or parole. In some states, for example, nonviolent
drug offenders must participate in rehabilitation in combination with probation, rather than submitting to
incarceration (Ariz. Rev. Stat., 2010). This lightens the load of jails and prisons while lowering recidivism, which
means reoffending.
Retribution
Retribution prevents future crime by removing the desire for personal avengement (in the form of assault,
battery, and criminal homicide, for example) against the defendant. When victims or society discover that the
defendant has been adequately punished for a crime, they achieve a certain satisfaction that our criminal
procedure is working effectively, which enhances faith in law enforcement and our government.
Restitution
Restitution prevents future crime by punishing the defendant financially. Restitution is when the court orders the
criminal defendant to pay the victim for any harm and resembles a civil litigation damages award. Restitution can
be for physical injuries, loss of property or money, and rarely, emotional distress. It can also be a fine that covers
some of the costs of the criminal prosecution and punishment.
 Specific deterrence prevents crime by frightening an individual defendant with punishment.
General deterrence prevents crime by frightening the public with the punishment of an individual
defendant.
 Incapacitation prevents crime by removing a defendant from society.
 Rehabilitation prevents crime by altering a defendant' behavior.
 Retribution prevents crime by giving victims or society feeling of avengement.
 Restitution prevents crime by punishing the defendant financially