The human rights implications of solitary confinement in the prison system

Abstract

While the term solitary confinement does not appear in several legislations, prisoners in all states and territories can be placed in isolation for periods of time that exceed the United Nations Standards. Solitary confinement is an embedded strategy used to manage ‘difficult’ prisoners, but legal and psychological research indicates that placing a person in solitary confinement, even for a short period of time can result in various psychological harm. Most prisoners will be released, and if they are unable to integrate into society, they may pose an increased risk to members of the community. Courts have condemned the use of solitary confinement on human rights grounds, particularly the right to humane treatment when deprived of the right to liberty, the right to life and the right to be free from cruel, inhuman and degrading treatment. It is argued that since there are a number of less restrictive alternatives available, placement in solitary confinement may not be a reasonable or justifiable limitation on prisoner’s human rights.